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Reasons
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(영문) 서울중앙지방법원 2020.11.18 2020고단4593
공연음란
Text

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

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

Reasons

Criminal facts

1. On May 12, 2020, the Defendant: (a) around 08:06, on May 12, 2020, 202, boarded-gu B apartment located in Gangnam-gu, Gangnam-gu, Seoul and moved to the Gangnam-gu, Gangnam-gu, Gangnam-gu, Seoul; (b) around 09:00, at around 09, the bus was on board and was seated and moved to the seat; (c) around the time when other passengers are proceeding in the vicinity of the west-gu, Seocho-gu, Seoul, Seocho-gu, Seocho-gu, Seoul, there was a fixed amount of money on the bus floor while other passengers are on board.

Accordingly, the Defendant publicly committed an obscene act.

2. On May 18, 2020, the Defendant: (a) 07:40 on May 18, 2020, 2020, she was on board and moved to Gangnam-gu, Gangnam-gu, Gangnam-gu, Gangnam-gu, Gangnam-gu, Seoul, to a seat Ga (D); (b) around 08:20, at around 08:0, the Defendant her act of cutting off her sexual flag while other passengers are on board the bus at the Seocho-gu, Seoul, Seocho-gu, Seocho-gu, Seoul, to move to the seat.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes to the police report (CCTV image analysis on May 18, 200) investigation report (hereinafter referred to as the “CCTV video analysis”) with respect to E (tentative) investigation report (hereinafter referred to as the “written request for appraisal”);

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the applicable criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. The defendant's crime of sentencing reasons under Article 334 (1) of the Criminal Procedure Act is not good in light of its circumstances, contents, etc.

However, the defendant has no record of being punished for committing a crime against his/her mistake while committing a crime.

The defendant agreed with E (one person) who observed the crime, and E (one person).

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