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(영문) 서울북부지방법원 2017.11.30 2017고단3855
공연음란
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

around 23:18 on July 10, 2017, the Defendant was running in front of the "E" food path located in Seongbuk-gu Seoul Metropolitan Government D.

The F(L, 28 years of age), while maintaining the F(L, 28 years of age), performed approximately 3 minutes of self-defense, such as cutting the Defendant’s sexual organ by hand, and breaking back and rear shade.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;

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

1. The defense counsel asserts to the effect that the Defendant had mental and physical loss or mental weakness under the influence of alcohol at the time of the instant crime. The defense counsel asserts to the effect that the Defendant was in a state of mental and physical injury under the influence of alcohol at the time of the instant crime.

In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.

The reason for sentencing shall be determined by comprehensively taking into account the circumstances such as the defendant's recognition of the crime, the fact that the defendant has no record of criminal punishment, the defendant's agreement with F that F is not subject to the punishment of the defendant, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, etc.

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