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Defendant shall be punished by a fine of five million won.
If the above fine is not paid, one hundred thousand won shall be converted into one day.
Reasons
Punishment of the crime
The defendant is a person who has no fixed occupation.
On July 5, 2019, at around 21:50, the Defendant: (a) made an obscene act in a public place via which many unspecified persons pass through, on his own hand, at the exit of 5,6 times in Gwanak-gu, Seoul Special Metropolitan City, Seoul, and at the exit of 5,00 and 6; and (b) took the sexual organ into her hand.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the crime, the choice of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;
1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act with respect to a provisional payment order, the Defendant committed obscene acts in the subway station with a large population, and the Defendant’s criminal liability is not easy in light of the time, place, method and contents of the crime.
The defendant has a record of being punished several times due to violent crimes in 2008 and obscenity of public performance in 2014.
However, the defendant recognizes his mistake.
The punishment shall be determined as ordered by taking into account the fact that the defendant suffers from mental illness, such as the mental illness, physical behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and all the conditions of the punishment specified in the oral proceedings, such as the age, character and behavior, environment, motive, means and consequence of the crime.