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(영문) 서울남부지방법원 2018.11.30 2018고단4996
공연음란
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 15, 2018, around 04:10 on September 15, 2018, the Defendant made a patently obscene act by setting a sexual organ into a breath state in a residential densely concentrated area where unspecified people frequent from Geumcheon-gu Seoul to Geumcheon, Geumcheon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

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. In light of the Defendant’s age, occupation, risk of recidivism, type of crime in this case, motive, process, and the degree of disadvantage and anticipated side effects of the Defendant’s entrance and the effect of preventing sex crimes that may be achieved through the order to complete a program, etc., the above order shall not be issued, given that there are special circumstances under which the order to restrict employment should not be issued.

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