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(영문) 인천지방법원 2017.04.12 2017고단1034
공연음란
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Around 02:00 on December 5, 2016, the Defendant, in Seo-gu Incheon Metropolitan City, disclosed a sexual organ in a state of being off from both the upper and lower body within the well-being of both men and women, and made a public obscenity before many and unspecified persons, such as a person who was diving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (a statement by a police officer in the first mobilization);

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized and reflected by the defendant, and the sentencing conditions of the defendant, such as the defendant's age, sex, environment, means and consequence, shall be sentenced to a fine as set forth in the order, taking into account all the circumstances before and after the crime.

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