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(영문) 서울중앙지방법원 2016.09.28 2016고단4936
공연음란
Text

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

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

Reasons

Punishment of the crime

On July 14, 2016, around 08:55, at the outside of multi-household houses located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant openly obscenityly committed an obscene act in a manner that leads to the witness of residents, such as C (at the age of 35) by walking and exposing panty and exposing panty.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of the Acts and subordinate statutes governing evidence video works;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the first offender who has no record of crime until now, and the defendant's mistake appears to be objectively recognized and reflect in depth. In light of the place of the crime in this case and the method of the crime, the witness who observed the act in this case seems to have suffered considerable humiliation and displeasure, etc., a punishment as ordered shall be determined by taking into account all the factors of sentencing as indicated in the record and change theory, such as the defendant's age, occupation, sex, family relation, and the circumstances after the crime.

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