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(영문) 서울남부지방법원 2021.01.29 2020고단5233
공연음란
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 8, 2020, the Defendant had been seated at (C) his own vehicle parked at the entrance of the Yangcheon-gu Seoul Metropolitan Government B market on September 8, 2020, and found that D(50 years of age) was mixed, and carried out a self-defensing act on the vehicle, and then boomed the sexual organ by hand.

2. On September 9, 2020, the Defendant obscenity of his performance on September 9, 2020, when he was seated on his own vehicle parked in the above place around 06:30 on September 9, 2020, he discovered that D was mixed, scam off from the vehicle, and scam off with scambling the scam, and scam the scam by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute of the D’s photographic;

1. Relevant Article of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting a 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. In full view of the profits and preventive effects expected by the Defendant’s age, occupation, risk of re-offending, type and motive of the instant crime, process of the instant crime, order of employment restriction, etc., and the disadvantages and side effects therefrom, there are special circumstances under which the Defendant may not be restricted from employment, such as child-related institutions, etc.

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