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(영문) 인천지방법원 부천지원 2017.11.29 2017고단2072
공연음란
Text

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

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

Reasons

Punishment of the crime

The Defendant, at around 05:40 on July 8, 2017, 05:40, Dacheon-si B, set a stringer to the floor under the influence of alcohol in a mountain channel in C park, and cut off the stringer.

The act of self-defense was done by putting the sexual flag into hand and shaking it below.

Accordingly, the Defendant committed a publicly obscene act in front of the observance E of the D Zone during the patrol.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the photographic Acts and subordinate statutes to the head of a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes and reflects the Defendant’s mistake.

However, due to the defendant's wrong behavior, many witnesses feel a sense of shame and aversion.

There are no criminal records of the same kind of crime and a considerable number of criminal records.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

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