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(영문) 서울서부지방법원 2017.06.02 2015고단2385
공연음란
Text

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

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On September 20, 2015, the Defendant: (a) around 18:00, there were many and unspecified persons, such as D, in Seodaemun-gu Seoul, Seomun-gu, Seoul; (b) opened a scamb and opened a scambling and scambling the sexual flag with his hand, and openly obscene acts.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes of D;

1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;

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

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

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

1. Unfavorable circumstances: The fact that the degree of obscenity is not light, the defendant has been punished several times, such as imprisonment, and in particular, the defendant has been punished four times or more by a fine between the last ten years;

1. favorable circumstances: Taking into account all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of the defendant, such as the fact that the defendant has not been sentenced to a fine more than the recent 20 years and has

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