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Reasons
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(영문) 서울남부지방법원 2020.07.22 2020고단962
공연음란
Text

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

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

Reasons

Punishment of the crime

1. Around 07:20 on November 17, 2019, the Defendant openly obscene act by discovering C (the age of 24) that passed through the park located in Gangseo-gu Seoul Metropolitan Government, following the discovery of C (the age of 24) and then booming, and making a brush and booming the sexual organ.

2. At around 07:20 on Jan. 5, 2020, the Defendant openly committed an obscene act by discovering a imprison female from the place described in the foregoing paragraph (1) at the location of the foregoing paragraph (1), and by committing a self-defacing act to a female and to a flacing the sexual organ.

Accordingly, the Defendant made a patently obscene act two times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. C’s statement;

1. Investigation report (to listen to a statement in the D phone), the application of Acts and subordinate statutes;

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act include the contents and circumstances of the instant crime, the recognition of the Defendant’s mistake and reflects against the Defendant, the Defendant has no record of punishment exceeding the same kind of criminal record and fine, and the Defendant’s age, character and conduct, motive, means and consequence of the crime, and other circumstances that form the conditions for sentencing as shown in the arguments and records of the instant case, including circumstances after the crime

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