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(영문) 인천지방법원 부천지원 2016.02.17 2015고단3430
공연음란
Text

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

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

Reasons

Punishment of the crime

1. On August 15, 2015, the Defendant: (a) opened a brush in front of an unspecified number of people who passed from this area to the end of the brush C, Seocheon-gu, Seocheon-si; and (b) laid the brush.

In his hand, the patent-related act was openly obscene by brushing and shaking.

2. On October 28, 2015, the Defendant: (a) opened a bucker and take fry around unspecified people, such as D (16 taxes, women) at the same place as paragraph (1) at around 15:00, in front of the unspecified people.

In his hand, the patent-related act was openly obscene by brushing and shaking.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Statement of investigation report (related to crime photographs, suspect's statement, victim's statement);

1. Application of video-related Acts and subordinate statutes to the victim's photograph;

1. Article 245 of the Criminal Act and the choice of fines for the crime; Article 245 of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was punished for the same kind of crime on one occasion, but it is not well-founded and that the Defendant committed the instant crime is disadvantageous.

However, considering the fact that the defendant led to the crime of this case and tried to repent his mistake, the punishment as ordered shall be determined by considering the circumstances of Article 51 of the Criminal Act.

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