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(영문) 춘천지방법원 속초지원 2020.05.13 2019고단258
공연음란
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On May 27, 2019, around 01:03, the Defendant committed a publicly obscene act by openly exposing clothes to three-lane roads while exposing her gender while under the influence of alcohol, from among many and unspecified persons, such as drivers, persons, etc., on the front of the C, Sincho-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the 112 Reporting Report List and the Acts and subordinate statutes concerning the investigation report (Attachment of Patrols);

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the crime, the choice of fines;

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. In light of the fact that the Defendant exempted from the employment restriction order under Article 334(1) of the Criminal Procedure Act acknowledges his mistake and reflects his depth, the Defendant has no criminal record, and the circumstances leading to the instant crime, etc., it appears that the Defendant’s order to complete a sexual assault treatment program could have an effect of preventing recidivism, and that there are special circumstances that should not be restricted employment when comprehensively taking into account all other circumstances, such order may not be issued pursuant to the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (amended by December 11, 2018), and the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act.

The reasons for sentencing are recognized by the defendant, and there is no criminal records against the defendant.

In addition, the sentencing conditions, such as the defendant's age, the circumstances of the crime of this case, and the circumstances after the crime, shall be determined as per the disposition.

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