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(영문) 서울북부지방법원 2015.09.03 2015고단2101
공연음란
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 9, 2015, at around 07:30, the Defendant openly committed an obscene act by openly opening both windows by standing in one ton of a cargo vehicle and leaving both windows, as shown in B (14 years old), C (14 years old), and C (14 years old), where she was allowed to have access from the Han-ri Park, the Han-ro 55-ro 25-o, Seoul Special Metropolitan City, Nowon-gu, on the way that she was allowed to walk.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to B and C

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 to attract a workhouse;

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

1. The Defendant’s act of sentencing on the grounds of Article 334(1) of the Criminal Procedure Act is criticized in terms of the motive, content, method, etc. of the crime as indicated in the judgment, which infringes on the social legal interests of sound sexual morals.

However, the sentence shall be determined in consideration of all the sentencing conditions indicated in the records of this case, such as the defendant's age, occupation, character and conduct, living environment, family relation, etc., in the fact that the defendant recognized the crime and is divided and that the defendant does not repeat the crime as the first offender.

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