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(영문) 수원지방법원 안양지원 2017.10.18 2017고단1489
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

On June 21, 2017, the Defendant openly committed obscene acts, such as exposure to sexual organ and shaking, while Da (12), a elementary school student, who was passed prior to the Gu C at Ansan-si, around 17:20.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements prepared in D;

1. Investigation report (to hear statements by sphos telephone);

1. Application of statutes on site photographs;

1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;

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 sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act requires that the Defendant’s previous convictions of the same kind of fine and committed a similar crime in spite of his name four times, and thus, the Defendant is not guilty of committing a crime at the age of 78 years. However, there are no previous convictions exceeding the fine, and the Defendant’s various conditions of sentencing, such as character, character, occupation, family relationship, health condition, etc., should be taken into account.

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