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(영문) 서울서부지방법원 2019.10.30 2019고정681
공연음란
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 01:43 on January 29, 2019, the Defendant was shaking “C” located in Mapo-gu Seoul, Mapo-gu, Seoul, in which many and unspecified people share meals out of the place of their eating.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement in D, E, F, and G;

1. Each investigation report (attached photographs of a suspect, on-site search and investigation: hereinafter referred to as “C” and CCTV image investigation) shall be subject to the law;

1. Article 245 of the Criminal Act and Article 245 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. In light of the Defendant’s age, occupation, risk of recidivism, details and background of the crime, method and consequence of the crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant due to the crime, and the prevention and effect of sexual crimes that may be achieved therefrom, etc. under Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) proviso of the Act on Welfare of Persons with Disabilities (No. 15904, Dec. 11, 2018) and the proviso to Article 59-3(1) of the Addenda to the Act on Welfare of Persons with Disabilities, it is determined that there are special circumstances where the employment of the child and juvenile-related institutions, welfare facilities for the disabled, etc. shall not be restricted pursuant to Article 34(1) of the Criminal Procedure Act. Thus,

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