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(영문) 청주지방법원 2020.01.08 2019고단2038
공연음란
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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 May 30, 2019, the Defendant: (a) around 22:50 on May 30, 2019, at the bus stops located in Seo-gu, Seo-gu, Seo-gu, Seowon-si B, sent her sexual flag by inserting hand in front of C, and exposed her sexual flag by opening a bridge.

Accordingly, the Defendant openly committed obscene acts at a place where many and unspecified persons come to and run.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of three copies of Acts and subordinate statutes to the suspected criminal suspect, face-to-face photograph;

1. Relevant Article 245 of the Criminal Act concerning the facts constituting an offense and Article 245 of the Selection of Punishment;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Reasons for sentencing of the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Addenda to the Welfare of Persons with Disabilities ( December 11, 2018), and the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities (where special circumstances exist that may not be imposed on employment in light of the defendant's age, family environment and social ties, records of the crime, details and motive of the crime, the method and consequence of the crime, the risk of recidivism, etc., comprehensively

1. Fines of 50,000 to 5 million won within the applicable sentencing range by law; and

2. The decision of sentence of KRW 3 million shall be made in the same manner as the order is made, comprehensively taking into account the background of the instant case, Defendant’s age, character and conduct, environment, motive, means and result of the crime, and the circumstances before and after the crime.

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