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(영문) 의정부지방법원 고양지원 2020.02.06 2019고단3352
공연음란
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 14, 2019, around 09:35, on September 14, 2019, the Defendant publicly made an obscene act in a way that the victim C (if the victim, 41 years old) waits for a walk up from the underground floor to a walk up from the stairs of the first floor above the ground where many unspecified people pass through the building in the Goyang-gu, Yongsan-gu, Yongsan-gu, Incheon Metropolitan City.

2. On October 5, 2019, around 09:35 on October 5, 2019, the Defendant committed a patently obscene act in a way that the victim D (the victim, the name, the fluor, and the 26-year-old age), waiting to come up from the 1st floor above the ground, taken out his/her fluor and his/her inner part out of the pelvis up to the lower half of the pelvis.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D (alias) and C;

1. Bag business CDs and CCTV Bags on suspect-owned video products,

9. 14. Application of the statute of this case

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the applicable 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. In the same place as the sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order, crimes of the same number of laws have been repeated twice, and the liability for such crimes is not less complicated.

It seems that sexual humiliation and displeasure of victims were reasonable.

The victim did not receive any tolerance from the victim C.

However, the defendant has recognized all the crimes of this case and expressed his attitude to reflect his mistake.

The victim D only agreed with the victim D(the name of the victim), and accordingly expressed his/her intention that the victim does not want to be punished against the defendant.

It is the first crime.

In addition, the records and records of this case, such as the background of the crime of this case, the form of the act, the age, character and behavior, living environment, and the circumstances after the crime.

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