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(영문) 대전지방법원 2015.01.28 2014고단4107
공연음란
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On April 6, 2013, around 08:40 on April 6, 2013, the Defendant discovered D (the age of 32) where he was walking at the front of the Seo-gu Seoul Building, Seo-gu, Daejeon, and performed self-defense by cutting his sexual organ out.

Accordingly, the Defendant publicly committed an obscene act.

2. On December 15, 2013, around 08:20 on December 15, 2013, the Defendant discovered G (n, 23 years of age) where he/she was coming from the alley in Seo-gu Daejeon, Seo-gu, Daejeon, and carried out self-defense by taking out his/her sexual organ.

Accordingly, the Defendant publicly committed an obscene act.

3. On August 10, 2014, at around 01:30, the Defendant discovered H (the age 26) at the event held in front of the Northern Do, Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, and discovered the 55th century, and performed self-defense by taking his sexual organ into consideration.

Accordingly, the Defendant publicly committed an obscene act.

4. On August 10, 2014, around 05:30 on August 10, 2014, the Defendant discovered the above H that was sitting in and around the subway viewing station located in Daejeon, and carried out self-defense by taking his sexual organ out.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the respective Acts and subordinate statutes of H, D and G;

1. Article 245 of the Criminal Act concerning the facts constituting an offense;

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. It is so decided as per Disposition on the ground that each crime committed repeatedly against many victims of the reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order Order, is not good, and that the crime is committed first, and is against the law.

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