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(영문) 대구지방법원 2012.12.28 2012고정3711
공연음란
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On September 8, 2012, at around 16:56, the Defendant: (a) parked a c white freight vehicle, a business vehicle, in front of the Daegu Northern-gu Middle-gu, Daegu Northern-gu, by opening a window on the front side of delivery; (b) opened on the front side of the vehicle and opened at the front seat of the vehicle, three women, such as the victim D, etc. coming from the front seat and opened at the front seat of the vehicle; and (c) exposed the Defendant’s sexual organ out of the front seat, and (d) opened a publicly obscene act.

2. On September 8, 2012, around 16:59, the Defendant parked the above vehicle’s window on the street side in Daegu Northern-gu E-gu, Daegu, by opening the window, and opened it on the driver’s seat, and reported three of the above victims D, etc. coming from the front line to the front line, with the Defendant’s sexual organ exposed to the Defendant’s hand, and appeared to be shaken, etc.

Summary of Evidence

1. Defendant's legal statement;

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

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

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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