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(영문) 부산지방법원 2020.04.08 2019고단5242
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

Defendant

A (A) is a Russian nationality, and is a person who works as an electrical engineer for the "D" ship's "B" ship's ship's "C" ship's "B" ship's repair vehicle's "B" located in the Young-gu Busan Metropolitan City.

On August 11, 2019, at around 04:43-04:47, the Defendant was under the influence of alcohol in front of the F convenience store located in Busan Dong-gu, Busan, and was in a patently obscene act by putting off all the upper and lower parts of the Defendant’s sexual organ, and putting them on his/her own sexual organ, and displaying them to the Korean and Russian women.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. G statements;

1. Application of CCTV video CDs and respective Acts and subordinate statutes;

1. Relevant Article 245 of the Criminal Act concerning the facts constituting an offense and Article 245 of the Selection of Punishment;

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

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

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the defendant is deemed difficult to complete program because he/she fails to use the Korean language to a foreigner

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

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