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Reasons
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(영문) 서울중앙지방법원 2014.04.09 2013고정4303
공연음란등
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On January 15, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Smuggling Places) moved two lanes from 3rd vehicles when the train in Busan FTX 358 is traveling between the discharge from active service and the discharge station.

At this time, the victim D (the age of 29) who is a train crew member of the C Company, changed the train boarding passes to the defendant, and "I am the same match," and entered one-lane, a motion picture screener.

Therefore, when the victim demanded that the victim talks with the defendant after entering the center, "I do not have any scambling sign. I do not see the motion picture", which led the victim to a passage between the first and second of the defect that the victim reported to the Suwon Railroad Police Center.

After that, when the victim reported to the Suwon Railroad Police Center as a mobile phone, the defendant committed an indecent act by making the victim's left knife with his knife by making the victim's knife his knife only once.

2. When the public performance and obscenity Defendant committed an indecent act on the said D at the time, time, and place set forth in the preceding paragraph, D saw her “I am, I am, I am, I am, I am, I am into the toilet immediately next to the Defendant.”

After that, about 5 minutes, the toilet door was opened and the sexual organ was cut out, and the sexual organ was flaged for about 5 minutes.

As above, the Defendant publicly committed obscene acts in the train used by many passengers outside D.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 245 of the Criminal Act applicable to the crime; Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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. The registration of personal information in Article 334(1) of the Criminal Procedure Act of the provisional payment order.

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