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(영문) 광주지방법원 2016.09.07 2016고단2816
공연음란
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 4, 2016, at around 16:10, the Defendant discovered that C (n, 24 years of age) passed in front of the studio in Seo-gu, Gwangju, left her b off, laid off her sexual organ, her sexual organ up to 2 to 3 times, and openly her sexual organ back to her sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about C (victim);

1. Application of Acts and subordinate statutes on site photographs;

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the crime, the choice of fines;

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

1. The punishment as ordered shall be determined by taking into account the following circumstances: (a) the sentencing reasons under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; (b) the age, character and conduct, environment, family relationship, motive and consequence of the crime; and (c) the circumstances constituting the conditions of sentencing

A favorable circumstances: The defendant is led to confession, and is against himself.

On December 17, 2014, the Defendant was sentenced to imprisonment with prison labor for obscenity in the Daejeon District Court for six months on December 17, 2014, and the judgment became final and conclusive on the 25th of the same month, and again committed the instant crime during the suspension period.

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