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(영문) 창원지방법원 진주지원 2021.01.28 2020고단1760
공연음란
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 4, 2020, the Defendant was parked at the front day of 'C' 'C' in Jinju-si B around 22:45 on May 4, 2020, at D(n, 48 years of age).

D Finding the boarding on the driver's seat of the car owned by the D, followed by opening the Defendant's bucker on the front part of the vehicle's front part, scambling the sexual flag by hand, followed by bringing about the vehicle into the front part of the vehicle and continuing to scam the sexual flag, etc. for about four minutes, and publicly obscene acts were committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to investigative reports (limited to crimes, videos, and photographs);

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 main sentence of Article 56 (1) of the Act on the Protection of Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the instant crime, the background and awareness of the instant crime;

D In full view of the records, such as the fact that obscenity was committed against a female of another person on a motor vehicle and the fact that there was no record of punishment for the same crime, and the conditions of various sentencing as shown in the argument of this case, the punishment shall be determined as ordered.

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