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(영문) 서울남부지방법원 2019.07.19 2018고단968
공연음란
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On January 24, 2018, around 14:10 on January 24, 2018, at the entrance of female toilets at the first floor of Gangseo-gu Seoul Metropolitan Government B department stores, C (n, 38 years of age), etc., were seated at the small wave, but her bel and her sexual organ was exposed to the public to her obscene act.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of written statements, investigative reporting statutes

1. Relevant Article 245 of the Criminal Act concerning the facts constituting an offense and Article 245 of the Selection of Punishment;

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

1. A crime subject to the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (in light of the Defendant’s intellectual ability, health status, etc., it appears difficult to secure the effectiveness of order to complete program) is an offense provided for in Article 2(1)1 of the Act on Special Cases concerning the Registration, Disclosure, and Notification of Personal Information, which does not constitute a sex offense subject to the registration of personal information under Article 42(1) of the same Act, and does not constitute an offense subject to the disclosure order and notification order under Articles 47 and 49 of the same Act, and thus does not constitute an offense subject

Considering the Defendant’s age, home environment, character and conduct, risk of recidivism, details and motive of the crime, seriousness of the crime, prevention of sex crimes expected by an employment restriction order, and the degree of disadvantage and anticipated side effects of the Defendant resulting therefrom, etc., the Defendant is not subject to an employment restriction order. As such, the Defendant is not subject to an employment restriction order against children, juveniles-related institutions, etc. and welfare facilities for the disabled.

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