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(영문) 대구지방법원 2016.02.12 2014고정1729
공연음란등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 2012, the Defendant found one of the unclaimed welfare cards at the market price owned by the victim C, the victim of which was lost at the Matri-gu Matri-dong, Daegu Suwon-gu, Matri-dong.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. On June 3, 2013, the Defendant was openly obscenity by discovering F, prior to the subway E Station access road in Daegu Suwon-gu, Daegu-gu, the Defendant found that he was aware of F, prior to the access road in the subway E Station, exposing the Defendant’s knee to kne, and then seeing F two times as “Aar kne”.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. C’s statement;

1. A protocol of seizure and a list of seizure;

1. Investigation report (in relation to the details of receipt of the initial report and the circumstances of accompanying the defendant), investigation report (in relation to clothes of the defendant), investigation report (in relation to the recording of the victim's telephone statement), investigation report (in relation to the victim's second telephone report), and investigation report (in

1. Application of Acts and subordinate statutes to photographs No. 1 of the evidence;

1. Relevant legal provisions concerning criminal facts, Article 360(1) of the Criminal Act (a) (a point of embezzlement of deserted articles in possession), Article 245 of the Criminal Act (a point of obscenity in public performance), and selection of fines, respectively;

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

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