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(영문) 대전지방법원 2016.09.07 2016고단1919
공연음란
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On October 1, 2015, the Defendant openly obscenityd at a place where many unspecified people pass through, such as 07:00 to 08:00, between the vehicles parked in front of a restaurant in the trade name and microscopic in the scopic scopic Eup of the Sejong-Scopic District, and b (n, 16 years of age) going to go through a school, and displaying a scopic flag in hand, and showing a scopic shape.

2. On October 2015, around 07:00 to 08:00, the Defendant publicly made a obscene act in the foregoing manner at the aforementioned place.

3. From October 2015 to 07:00 to 08:00, the Defendant publicly made a obscene act in the foregoing manner at the above place.

4. At around 16:06 on March 21, 2016 - 16:10, at the entrance of Sejong Cudio A, the Defendant publicly obscenityd at the entrance of Sejong Cudio A, the Defendant laid the body towards D (Inn, 22 years old) toward the way, laid down the sexual organ in the state where he was laid down, and laid the sexual organ in his hand, and openly obscenityd at a place where many unspecified people pass through by the method of taking the sexual organ in his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made against D and B;

1. E statements;

1. Application of statutes on site photographs;

1. Relevant Articles of the Criminal Act and Articles 245 of the Criminal Act concerning the crimes;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act is poor, considering the fact that the defendant admits and reflects his mistake, the defendant has no same criminal record and has no criminal record of suspended execution or more than that of suspended execution, and the defendant does not repeat the crime by receiving a mental treatment, etc., the punishment as ordered shall be determined by taking into account the defendant's age, character and conduct, and environment, etc.

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