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(영문) 인천지방법원 부천지원 2017.09.13 2017고단1267
공연음란
Text

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

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

Reasons

Punishment of the crime

On April 5, 2017, the Defendant passed at the front of D in Kimpo-si, Kimpo-si, Kimpo-si, 13:59.

While E(the age of 30) is reported, E(the age of 30) had the Defendant's sexual organ taken panty, and had the Defendant's sexual organ taken her hand, and had the Defendant openly obscene act.

[Defendant and defense counsel asserts that the defendant did not have any obscene act in a patent manner only by showing a defense at the date, time, and place stated in the facts charged.

However, according to the evidence duly adopted and examined by this court, the defendant can return his body in the direction of E's moving from the side of E, and panty and panty, and sufficiently recognize the facts of his sexual organ in the direction of E's movement.

The defendant and defense counsel are without merit.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. In full view of the circumstances and frequency of crimes under the grounds for sentencing under Article 186(1) of the Criminal Procedure Act, the sentencing conditions on the records, such as the defendant’s age, occupation, occupation, sex, sex, family relation, living environment, circumstances leading to the crime, etc., the sentence identical to the order shall be determined.

- A witness, as a crime committed by the Defendant, feel fear of fear, sexual humiliation, insult, and aversion.

- Nevertheless, the defendant is consistent with the consistent defense from the crime to this court, and has not shown an attitude to reflect it.

- There is no record of the previous punishment of the instant case.

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