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(영문) 대구지방법원 경주지원 2018.08.29 2018고단429
공연음란
Text

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

At around 03:00 on June 1, 2018, the Defendant: (a) on the roads front of the D convenience point where the victim C (the age of 23) works for the victim C (the age of 23) in the racing, and (b) opened a string to satisfy his sexual desire by sitting away from the outsider, and (c) moved out of the sexual organ, and (d) opened a string so as to see the victim’s sexual organ, thereby engaging in the “self-defense” in front of the view of the victim.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a internal report (Attachment to the CCTV image shield) and a internal report (Attachment to the Do CCTV shield photographs);

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

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. Taking account of the fact that the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act is an initial criminal without any criminal history, and confessions, etc.

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