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(영문) 서울남부지방법원 2021.01.27 2020고단5703
공연음란
Text

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

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

Reasons

Punishment of the crime

1. On September 11, 2020, the Defendant: (a) 02:00 on the street in front of the Yangcheon-gu Seoul Metropolitan Government B’C; (b) she left the aftermath of D (n, 26 years old); (c) she left the aftermath of D (n, 26 years old); and (d) her sexual flag.

In other words, the appearance was shown.

2. On September 14, 2020, the Defendant: (a) around 04:10 on September 14, 2020, at the front road of Gangseo-gu Seoul Metropolitan Government E, and at the front of F (F, 21 years of age) and G (n, 21 years of age) where he was home and panty panty and panty panty typ, and boom

The act of self-defense was committed.

3. On September 15, 2020, the Defendant: (a) around 03:06, at the front floor of Yangcheon-gu Seoul Metropolitan Government H, left her panty and panty panty panty and panty panty panty in front of the I (F, 19 years of age) returning home.

The act of self-defense was committed.

Accordingly, the Defendant made a patently obscene act three times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, I, and F;

1. Report on internal investigation (victim G telephone communications);

1. 각 CCTV 스크린 샷 법령의 적용

1. Article 245 of the Criminal Act and Article 245 of the Criminal Act and the choice of fines for criminal facts;

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

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

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The Defendant committed the instant crime as long as he/she was sentenced to imprisonment with prison labor for the crime of injury.

The favorable circumstances: The defendant recognized all the crimes of this case, and reflects them.

The mental disease of the defendant, such as depression, apprehensions, exposure certificate, etc., seems to have affected the crime of this case. The defendant is trying not to repeat the crime due to mental therapy, etc., and the family members of the defendant are also trying to prevent recidivism.

6.2.2

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