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(영문) 대구지방법원 2016.08.16 2016고단2897
공연음란
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On May 1, 2016, at around 18:40, the Defendant: (a) committed an act of self-defensing “C”, which is located in Sinsan City B, in front of the glass window, to see whether the Defendant was an employee of D(19 years of age) and C(19 years of age) in front of the glass window, and the carpets were able to see and boom their sexual organ by hand.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each investigation report and documents attached thereto (No. 3 through 6 of the evidence list);

1. Article 245 of the Criminal Act concerning the facts constituting the crime;

1. Selection of a fine for selective punishment (referring to the preparation of such a fine, such as reflectivity, a fine not exceeding one time for any crime committed against this species, etc.);

1. Articles 70 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 to Order;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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