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(영문) 서울북부지방법원 2016.11.24 2016고정1976
공연음란
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On July 5, 2016, at around 21:15, the Defendant: (a) set a broke so that three persons, such as E (tentative name), can see the frameworks of the D coffee shop in Seoul; (b) laid his sexual organ out; and (c) laid down his sexual organ in hand, and laid down his sexual organ in a public obscenity.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of E;

1. A written statement of F and G;

1. Application of the video CD-related statutes;

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the crime, the choice of fines;

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 crime of public performance and obscenity as to whether to impose an order to complete a program is a sexual crime under Article 2(1)1 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and ought to impose an order to complete a program pursuant to Article 16(2) of the same Act. However, given that the instant summary order did not impose an order to complete a program on the Defendant and only the Defendant requested a formal trial, the order to complete a program is not imposed in accordance with the principle prohibiting disadvantageous changes under Article 457-2 of the Criminal Procedure Act (Supreme Court Decision 2012Do873

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