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(영문) 서울중앙지방법원 2020.11.27 2020고단7696
공연음란
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 27, 2020, around 12:40 on July 27, 2020, the Defendant used the hallway in the second floor of the Gangnam-gu Seoul Metropolitan Government B apartment commercial building, or made a public obscenity, D, E, etc. among those who passed by the corridor or who are people in the commercial building.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation in a written statement C, D, and E (the verification of CCTV images on the third floor of a commercial building and the investigation of search);

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on April 27, 2017 under Article 334(1) is that the Defendant was sentenced to one year of imprisonment with prison labor for obstruction of performance of official duties, etc. on April 27, 2017, and was released on January 5, 2019, and thus, the Defendant committed the instant public performance and obscenity crime is not less

However, in full view of the various circumstances shown in the records and arguments of this case, including the fact that the defendant led to his/her crime and reflects the mistake, that the defendant has no criminal records of the same kind, and that there is no other criminal records of the same kind, the defendant's age, character and conduct, character and conduct, environment, family relationship, health status, motive and circumstance of the crime, method and method of the crime, etc., the punishment as ordered shall be determined

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