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Reasons
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(영문) 서울북부지방법원 2019.11.22 2019고정1050
공연음란
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On August 14, 2018, around 12:16, 2018, the Defendant publicly conducted an obscene act by openly showing sexual organ to the victim in the future of a convenience store where a female who is an employee of the convenience store shows his/her sexual organ, in the convenience store B located in Gangseo-gu Seoul Metropolitan Government.

2. On August 15, 2018, at the above convenience store around 21:55 on August 15, 2018, the Defendant publicly made an obscene act by openly displaying the victim’s sexual organ to the convenience store staff, who is a female incompeting female in the name of the convenience store staff, while putting his/her sexual organ back.

3. On September 3, 2018, at the above convenience store around 22:35, the Defendant publicly made an obscene act by giving sexual organ to the victim in the future of the convenience store where a female, who is an employee of the convenience store, was sexually sexually sexually sexually sexually, while putting his/her front part of his/her sexual organ back.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Report of investigation (to make a statement by telephone of the victim);

1. Investigation report (as regards the form of a suspect confirmed in the field CCTV images);

1. Notification of the results of video appraisal;

1. Application of the Acts and subordinate statutes concerning the closure of field CCTV images;

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning criminal facts and the choice of fines;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

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

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59-3 (1) of the Welfare of Disabled Persons Act;

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