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(영문) 수원지방법원 안산지원 2017.01.11 2016고단4628
공연음란등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

Around 01:40 on October 19, 2016, the Defendant: (a) reported the victim C (the 21 years of age) returning home before the bus stops in B apartment bus stops; (b) followed, the Defendant: (c) obstructed the victim’s residence by putting in front of the corridor on the 1st floor of Gi-si Do-ro Do-ro Do-ro Do-ro Do-ro Do-ra; and (d) committed an obscene act by openly putting in front of the Do-ra Do-ra Do-ra Do-ra Do-ra’s stairs; (c) putting in front of the Do-gu Do-ra Do-ra Do-ra in the b-ra gate with his sexual organ, and kid it by sking his sexual organ in his hand; and (d) committed an obscene act by openly harming the sexual organ by breaking it with his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to report internal investigation (on-site inspection, etc.);

1. Relevant legal provisions concerning facts constituting an offense, Article 245 of the Criminal Act (the point of obscenity in a public performance), Article 319 (1) of the Criminal Act (the point of intrusion upon residence), and the selection of each fine;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act by aggravation of concurrent crimes (see, e.g., the confession and reflection of the defendant, and the primary fact that the defendant is the defendant);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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