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(영문) 서울서부지방법원 2020.05.29 2019고정444
공연음란
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 18, 2018, around 22:20 on July 18, 2018, the Defendant: (a) made a public obscenity No. 6 of Mapo-gu Seoul Mapo-gu B subway No. 37; (b) made a public obscenity by getting out of the front park in front of the exit park No. 37; and (c) 2-3, shaking the sexual organ into his hand; and (d) engaged in an obscene

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Police statements prepared in E;

1. Application of Acts and subordinate statutes to a report on investigation;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. In full view of the Defendant’s age, occupation, risk of recidivism, details and background of the crime, method and consequence of the crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant due to the crime, and the preventive effect of sexual crime that may be achieved therefrom, etc. under the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (amended by Act No. 15904, Dec. 11, 2018); Article 59-3(1) proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Mar. 13, 2018); and thus, an employment restriction order shall not be issued to the Defendant.

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