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(영문) 서울남부지방법원 2020.06.24 2019고단6154
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

On June 25, 2019, around 10:20 on June 25, 2019, the Defendant openly committed an obscene act, such as, among the seeing from the car page of Yeongdeungpo-gu Seoul Metropolitan Government 1st floor B “C”, the Defendant: (a) laid down the bomer of the bomer who was seated on the inner table; (b) laid down the bomer who was seated on the inner table; and (c) cut it by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Act and subordinate statutes to investigation reports (CCTV investigation);

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. 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment include the fact that the defendant recognized and reflects the instant crime, the fact that there was a record of the suspension of indictment due to the first offender or the crime of obscenity with no record of punishment, and other circumstances that form the conditions for sentencing as shown in the present arguments and records, such as the defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as per the order,

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