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Reasons
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(영문) 제주지방법원 2014.02.12 2014고단9
공연음란
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On September 14, 2013, at around 06:10, the Defendant: (a) opened both windows and e (the age 27, female) coming from a stop on the road adjacent to a restaurant located adjacent to Seopopopo City B; and (b) opened e (the age 27, female) in his/her own cafeteria or car; (c) left knee and panty to kne; and (d) made a public obscene act by using his/her sexual organ as his/her hand.

2. On September 24, 2013, around 06:10 on September 24, 2013, the Defendant opened both windows and e (the age of 27, female) in one’s own DNA or passenger car stopped on the cafeteria B, which was located adjacent to the cafeteria B, and turned down knee and panty to the knee, and made a public obscene act by using his sexual organ as his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Articles of the Criminal Act and Articles 245 of the Criminal Act concerning the crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The crime is not good in view of the criminal behavior of the defendant of this case and the repeated act of the same kind at the same place with the reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to order;

However, it is decided as per Disposition by comprehensively taking into account the factors of sentencing favorable to the defendant, such as the age, character and conduct of the defendant and all the conditions of sentencing specified in the records and arguments, considering the fact that the defendant has no record of other crimes except for only one time before being sentenced to a minor fine, there is no record of the same crime, and that the confession of the crime in this case appears to be contradictory

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