logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.02.13 2019고단6180
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

1. On November 20, 2019, the Defendant: (a) 05:35 on November 20, 2019, she seeed the place where many unspecified people pass, such as B (name), C (name), etc.; and (b) committed self-defense, such as cutting and shaking a sexual organ.

2. On November 21, 2019, the Defendant, at around 05:35, viewed the places where many and unspecified persons pass, such as the places indicated in the foregoing paragraph (1), C (tentative name), and engaged in self-defense in the same manner as described in the foregoing paragraph (1).

3. On November 22, 2019, the Defendant, at around 05:35, viewed the place where many unspecified persons, such as D, C, etc., run self-defense in the same manner as described in the foregoing paragraph (1).

Accordingly, the Defendant made a patently obscene act three times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. 112Report settlement statement;

1. On-site and suspect photographs;

1. A photograph of a CCTV closure;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, and the choice of fines, respectively;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the severe penalty for concurrent crimes committed on November 22, 2019)

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

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

5. 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.

6. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

1. The scope of punishment by law: A fine not exceeding 7.5 million won;

2. Non-application of the sentencing criteria: The sentencing criteria shall not be applied by selecting fines; and

3. On April 18, 2014, the Defendant, who was sentenced to imprisonment with prison labor for robbery, injury, etc. at the Ulsan District Court, was sentenced to three years and six months for the crime of injury or injury by robbery, etc., and completed the execution of the said sentence in the first prison of North Korea North Korea North Korea on July 21, 2017.

As above, the Defendant is during the period of repeated crime.

arrow