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(영문) 인천지방법원 2015.12.02 2015고단6450
공연음란
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On July 20, 2015, around 00:30 on July 20, 2015, the Defendant committed an obscene act by openly committing a self-defensive act, such as unloading bomer, bombing the bomb, bombing the bomb, bombing the bomb with the hand of the bomb, etc.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to report on investigation;

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

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria are not set for the crimes indicated in the judgment;

2. Although the Defendant had the record of having received a summary order of a fine of KRW 2 million for a public performance and obscene crime in around 2012, again committed the instant crime, it is not easy that the nature and circumstances of the crime are somewhat weak. However, the Defendant’s specific efforts to prevent recidivism, such as the fact that the crime was committed once, the fact that the Defendant recognized the crime and reflects, the fact that the Defendant’s mental and medical treatment begins, and that social ties, such as family and workplace, are evident, and that there is no record of punishment other than the above criminal record, a fine like the order shall be imposed

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