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(영문) 서울남부지방법원 2018.09.14 2018고단2261
공연음란
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, around 23:10 on March 26, 2018, opened a brupter of the electric trains of Seoul subway No. 2 in the direction of the new forest in Samsung Station and laid down the scarb and scarbs.

In spite of the existence of passengers in the train, the act of obscenity was done publicly.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to B (tentative name);

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In light of the Defendant’s age, occupation, risk of recidivism, type of crime in this case, motive, process, and the degree of disadvantage and anticipated side effects of the Defendant’s entrance and the effect of preventing sex crimes that may be achieved through the order to complete a program, etc., the above order shall not be issued, given that there are special circumstances under which the order to restrict employment should not be issued.

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