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(영문) 의정부지방법원 고양지원 2020.02.06 2019고단3265
공연음란
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 1, 2019, the Defendant: (a) stopped the D vehicle on the side of the “C Burial” road located in Gyeyang-gu, Seoyang-gu, Seoyang-gu; and (b) stopped the said D vehicle; (c) but (d) it could be seen by employees E (the age of 48) and pedestrians, etc., such as the above workers E (the age of 48) and pedestrians, but was seated on the driver’s seat, left the front window, and opened the said “C Burial,” thereby making it open to the public.

2. On October 2019, the Defendant openly obscenity at the place indicated in paragraph 1, which was around 07:30, in the same manner as that indicated in paragraph 1.

3. On November 1, 2019, at around 07:30 on November 1, 2019, the Defendant publicly made a obscene act in the same manner as that described in paragraph 1.

4. On November 4, 2019, at around 07:30 on November 4, 2019, the Defendant publicly obscenity at the places described in paragraph (1) in the same manner as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Purpose of the vehicle of the suspect (CCTV vehicle);

1. 112 Reporting case management table;

1. A report on occurrence (public performance and obscenity);

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the applicable criminal facts and the choice of fines;

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

1. In the same place as the sentencing of Article 334(1) of the Criminal Procedure Act, the criminal acts of the same method have been repeated several times at the same time, and the liability for such crime is not less complicated.

It seems that sexual humiliation and displeasure of victims were reasonable.

The victims did not receive any suspicion.

However, the defendant has recognized all the crimes of this case and expressed his attitude to reflect his mistake.

It is the first crime.

In addition, the circumstances and attitudes of the crime of this case, the defendant's age, character and behavior, living environment, and after the crime is committed.

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