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Reasons
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(영문) 창원지방법원 2017.10.17 2017고단2674
공연음란
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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 March 12, 2017, the Defendant committed an act of openly obscene act by reporting the victim D (the age of 22) who was passing through the venue at the events held in front of the park located in the c apartment complex of 01:11, Kimhae-si, Kim Jong-si, and 6, and exposing the sexual organ.

2. Around June 3, 2017, the Defendant committed a publicly obscene act by reporting the victim E (V, 20 years of age) who passed the place specified in paragraph (1) at around 02:40 on June 3, 2017 and exposing the sexual organ to the victim E (V, 20 years of age).

3. Around June 16, 2017, the Defendant committed an obscene act by openly reporting the Victim F (F) who passed the place specified in paragraph (1) at around 01:07 at the place specified in paragraph (1) on June 16, 2017 and exposing the sexual organ.

4. Around June 29, 2017, the Defendant committed a publicly obscene act by reporting and exposing the victim G (V, 22 years old) who passed the place at around 00:36 around June 29, 2017 at the place specified in paragraph (1).

Summary of Evidence

Application of the Police Statement 112 Report No. 112 to the victims of the defendant's legal statement

1. Article 245 of the Criminal Act concerning the facts constituting the crime;

2. Selection of a fine for selective punishment (or, however, not receiving a letter from the victims or compensating for damage, the defendant is the first offender and is responsible for the treatment of the impulse disability, etc.

The sentence of a fine shall be imposed in consideration of the fact that the fine is being imposed.

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

5. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

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