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(영문) 서울중앙지방법원 2016.10.21 2016고단6173
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

1. On August 9, 2016, around 08:43, the Defendant laid down a brupter in front of the d'D' fountain in Gangnam-gu Seoul Metropolitan Government, while many people, such as E, from which they run there, and opened a sexual organ out of his/her sexual organ, and used the sexual organ in his/her hand and used it as a brupt, etc.

2. On August 10, 2016, the Defendant openly committed an obscene act in the same place as above at the same time, around 08:37.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning criminal facts and the choice of fines;

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

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 punishment as ordered is determined by taking into account all sentencing factors indicated in the records and arguments, such as the defendant's age, occupation, character and conduct, social relationship, and circumstances after the crime, etc., of sentencing, which led to the confession and reflect of the crime on the grounds of sentencing, inasmuch as it is difficult for the defendant to expect smooth implementation of orders due to the lack of communication in Korean language and it is deemed difficult to achieve the effectiveness of the prevention of recidivism of sexual crimes, and thus, it is difficult to impose orders due to special circumstances where the order cannot be imposed).

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