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(영문) 광주지방법원 2017.01.13 2016고단5290
공연음란
Text

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

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

Reasons

Punishment of the crime

1. The Defendant, on September 11, 2016, was committing a crime on September 11, 2016, unloaded a brubus and booming the brus, which was suffering by many unspecified persons on the front side of the Seo-gu Seoul Building, Seo-gu, Gwangju, in spite of being seen by many unspecified persons on the road.

A public obscenity act was committed by committing a person's act such as a fluor, etc.

2. On September 12, 2016, the Defendant: (a) was committing a crime on September 12, 2016; (b) was suffering from a large number of unspecified people at the place specified in the foregoing paragraph (1) around September 12, 2016; (c) was fluoring the brush, which was flu

A public obscenity act was committed by committing a person's act such as a fluor, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the respective Acts and subordinate statutes to the 112 Report Processing List and investigative reports (related to telephone conversations of a reporter and refusal to make statements on damage);

1. Article 245 of the Criminal Act and the choice of fines for the crime; Article 245 of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is as follows: (a) the Defendant committed the same offense as this case; and (b) the sexual assault crime two times.

However, the defendant was first subject to criminal punishment as a university student of 19 years of age, and led to confession by the police.

In addition, the sentencing conditions shown in the records, such as the family relationship of the defendant and the circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

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