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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
around 22:50 on June 1, 2018, the Defendant: (a) drive a rocketing car in front of the Mapo-gu Seoul Mapo-gu Seoul crosswalk and take the window of a driver’s seat in the state where he stops in the signal atmosphere while leaving the seat; and (b) taken the flag in front of the general public, such as D.
In other words, the act of self-defense with one hand was openly obscene by using a scambling method.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to photographs submitted to victims;
1. Article 245 of the Criminal Act concerning the facts constituting the crime;
1. Selection of an alternative fine for punishment;
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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse, which has been punished several times, including a sexual crime for the reason of sentencing of the child and the repeated crime, the Defendant was sentenced to imprisonment with prison labor for an indecent act by Seoul High Court on November 6, 2015 and completed the execution of the sentence at a ignified Vocational Training Prison on October 28, 2016.
In light of the fact that the crime of this case was committed during the period, the responsibility for such crime is unfortunate, but the defendant does not commit a crime by committing a mental and medical treatment, etc. against his own mistake.
The punishment shall be determined as the order, in consideration of the background and degree of obscene acts and the sentencing conditions shown in the record, such as the defendant's age, sex, environment, etc., and the fact that it appears that the electronic device has been attached for more than two years and has been faithfully protected and observed for more than two years after release, and that the possibility of recidivism can be managed through the attachment of electronic device for the next one year.