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(영문) 의정부지방법원 2018.12.07 2018고단4203
공연음란
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On September 12, 2018, the Defendant publicly committed an obscene act, such as: (a) from the distance through which many unspecified persons are passing through, on September 11:14, 2018, while viewing C and two persons who are not in their name and name, and (b) b) b (i) b) b) b (i.e., taking a sexual organ into hand and b) b)

Summary of Evidence

1. Statement by the defendant in court;

1. A C statement;

1. Application of statutes on field 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. 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;

1. The reason for sentencing under Article 56(1) main sentence and Article 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an employment restriction order is issued is that the Defendant was sentenced to a suspended sentence of ten months in the Daejeon District Court on August 30, 2018 and the Defendant committed the instant crime during the suspended sentence shall be subject to strict punishment.

However, the sentencing conditions shown in pleadings, such as the confession of the defendant to the crime of this case, the fact that the defendant has no same criminal record, and the age, sex behavior and environment of the defendant, shall be determined as per the disposition.

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