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(영문) 청주지방법원 제천지원 2019.02.28 2018고단449
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

On November 24, 2018, at around 20:45, the Defendant publicly committed an obscene act, such as unloading Babs and lower clothes and showing the sexual organ, on the front of Jeju City where many and unspecified persons pass through, and in view of C (18 years old), etc. (hereinafter referred to as “C(18 years old”).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (investigation, etc. into accompanying photographs);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: A publicly obscene act was done by showing sexual organ on the paths through which many unspecified people pass.

The quality of the crime is not easy.

The favorable circumstances: The mistake is recognized and reflected.

It is an initial crime that has no criminal power.

In full view of the following circumstances: the Defendant’s age, occupation, environment, social relationship, previous conviction (no sex crime), the background of the instant crime, the circumstances after the instant crime, the effectiveness expected to be restricted by employment restrictions on the Defendant, the disadvantage and anticipated side effects of the Defendant, which are recognized as exemption from the employment restrictions order, there is a special reason not to restrict the Defendant’s employment.

Therefore, pursuant to the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is not subject to an employment restriction order.

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