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(영문) 서울남부지방법원 2019.06.14 2018고단5764
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 September 22, 2018, around 01:15, the Defendant openly exposed her sexual organ to the c Bank C Bank C Bank C Bank C in Gangseo-gu Seoul Metropolitan Government, while keeping a sexual instrument is in compliance with a large number of drivers, such as Da (25 years old) with transparent panty and d (25 years old) with reporting strawing.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the crime, the choice of fines;

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

1. A crime of determining whether a person is subject to an order to register, disclose, or notify personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is an offense provided for in Article 2(1)1 of the same Act, which does not constitute a sex offense subject to the registration of personal information under Article 42(1) of the same Act, and does not constitute a sex offense subject to an order to disclose or notify personal information under Articles 47 and 49 of the same Act, and does not constitute an order to submit personal information

Taking into account the fact that an order issued to a defendant exempted from an employment restriction order can have an effect to prevent the second offense even with the order issued to the defendant, and other overall circumstances, such as the defendant's age, family environment, character and conduct, risk of recidivism, details and motive of the crime, severity of the crime, the method and severity of the crime, the prevention of sex crimes expected by the employment restriction order, the degree of disadvantage suffered by the defendant and anticipated side effects, etc., the employment restriction order shall not be issued to the defendant.

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