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Reasons
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(영문) 수원지방법원 2017.10.26 2017고단5503
공연음란
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On July 29, 2017, the Defendant publicly obscenityd employees E by purchasing tobacco at the “D” convenience store located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, around 08:50 on July 29, 2017.

2. On July 30, 2017, the Defendant: (a) around July 30, 2017, at the place specified in the foregoing paragraph 1; (b) around July 30, 2017, the Defendant opened a boomer and opened a brush and laid the brush.

3. On July 31, 2017, the Defendant: (a) entered the place of the foregoing paragraph 1 at around 13:53 around July 31, 2017; and (b) enter the place where he/she opens a brub and laid the brush;

When purchasing vessels, employee F(n, 26 years of age) was dried to sexual organ by hand, and made a patent obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of E and F;

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

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act is not good in light of the method and form of each of the crimes in this case, the punishment as ordered is determined by taking into account the following factors: (a) the Defendant’s mistake is against the Defendant; (b) the Defendant has no record of being punished for the same kind of crime; and (c) the Defendant has a disability Grade 5 due to pressure pressure pressure; and (d) other factors such as the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime; and (e) the circumstances after the crime, etc., and the sentencing conditions specified in the proceedings and arguments.

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