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(영문) 인천지방법원 부천지원 2017.09.06 2017고단1373
공연음란
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 14, 2017, around 17:32, 2017, the Defendant: (a) moved a D SP car, which is owned by the Defendant, in the alley near C in Bupyeong-si B; and (b) passed the alley while holding it on the driver’s seat of the said car.

While E (n, 16 years of age), F (n, 16 years of age), etc. reported, F (n, 16 years of age) made a public obscenity with the Defendant’s sexual organ taken by hand and panty and made a public obscenity act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to Table 112 for Report Processing);

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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized and contradictory to this Court.

There is no record of the same crime.

Defendant’s age as a crime committed by the Defendant was sexual humiliation, insult, and aversion, and was sexual impulses.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

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