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(영문) 수원지방법원 안양지원 2020.02.12 2018고단178
공연음란
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 13, 2017, around 16:55, the Defendant opened a bucker in the front direction of the front line B, such as subway No. 4, C, and 33 years old, in the gold stations of subway No. 750, which are located in the Si/Gun of Gyeonggi-si, Mapo-si.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to 112 Report List);

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 main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

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

1. Reasons for sentencing under the main sentence of Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

1. Scope of applicable sentences under law: Fines of 50,000 to 5 million won;

2. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account all the circumstances indicated in the arguments and records of the instant case, such as the age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

D. Unfavorable circumstances: The crime of this case is committed by the Defendant in the former while in the latter, and the nature of the crime is not that of the latter in light of the method and form of the crime.

The crime of this case seems to have been affected by considerable sexual humiliation and mental impulse.

A favorable condition: There is no history of criminal punishment against the defendant in Korea.

The defendant exempted from order to complete a program shall have low effectiveness of diagnosis, consultation, and education following the order to complete a sexual assault treatment program conducted in Korean due to the lack of communication by Korean language and shall also have effects on the prevention of recidivism.

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