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(영문) 수원지방법원 성남지원 2017.01.25 2016고단3907
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

[criminal history] On November 10, 2016, the Defendant was sentenced to two years of suspension of the execution of eight months of imprisonment with labor for a crime of road traffic law (unlicensed driving) at the Suwon District Court, and on November 14, 2016, the Defendant appealed and is pending in the appellate trial trial on November 14, 2016. On December 14, 2016, the Defendant was sentenced to four months of imprisonment with labor for the same crime as the support for Suwon Friwon, and is still pending in the appellate trial.

[Criminal facts] The Defendant: (a) within the Defendant’s Fcomponed under the Party Fcomponed under the Party Fcomponed under the Party Fcomponed under the Party Fcomponed under the Party Fcomponed under Dong-gu, U.S.-dong, U.S. on October 16, 2016, and opened a seat to reflect the windows of the driver’s seat and left it so that people can see it.

By doing so, the act was publicly obscene.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (investigation of witnesses);

1. Photographs;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history;

1. Relevant Article of the Criminal Act, Article 245 of the Criminal Act, the choice of a fine (including the fact that a mistake is pened and that there is no same kind of power) for the crime;

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

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

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

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