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(영문) 서울북부지방법원 2015.10.29 2015고단2851
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 9, 2015, at around 17:45, the Defendant openly committed an obscene act, such as unloading a brupter and displaying a sexual organ to five women, in front of the children’s park, where people of Gangseo-gu Seoul, Gangnam-gu, Seoul, and 605-209, a children’s park.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations in C and D;

1. Relevant Article 245 of the Criminal Act concerning the facts constituting an offense and Article 245 of the Selection of Punishment;

1. Articles 70 (1) and 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;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the sentence is imposed on the major sentencing factors by taking into account the criminal intent, motive, age, occupation, character and conduct, living environment, etc. of the defendant, and the suspension of indictment is imposed on the same kind of crime in 2012. The crime in the judgment is not easy to be a crime that infringes on the social legal interests of sound sexual morals.

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