Text
1. The defendant shall be punished by a fine of two million won;
2. If the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On September 25, 2017, around 21:50 on September 25, 2017, the Defendant: (a) was in front of the amusement room located in the Geum-gu Busan Metropolitan City (E); (b) was in front of the amusement room; (c) was in operation of a motor vehicle; and (d) was in operation of the motor vehicle.
In other words, miscellaneous and traced.
Accordingly, the Defendant publicly committed an obscene act.
Summary of Evidence
1. Statement by the defendant in court;
2. Application of F’s written Acts and subordinate statutes;
1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;
2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
3. Reasons for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.
1. Scope of applicable sentences under law: Fines of 50,000 to 5 million won; and
2. The sentencing criteria are not set for obscene performance of sentencing decisions.
This case is that the defendant disclosed his sexual organ within the night and publicly conducted obscene acts, and the nature and circumstances of the crime are not good.
The witness of the criminal defendant's crime seems to have suffered considerable mental shock along with sexual humiliations.
However, there are also favorable circumstances such as the fact that the Defendant appears to have committed the instant crime under the influence of drinking, the fact that the Defendant recognized the instant crime and divided the wrong facts, the fact that there is no record of punishment for sex crimes or other crimes, the health of himself and his wife is not good, and the wife appeals against the Defendant.
In full view of the above points and other circumstances, the sentencing conditions, such as the defendant's age, sex, occupation, environment, family relationship, motive, method, and result of the crime, the circumstances after the crime, etc., the punishment is determined as ordered.