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(영문) 인천지방법원 2016.10.25 2016고단5694
공연음란
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On May 16, 2016, the Defendant: (a) 23:40 on May 16, 2016, and around the street of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, the Defendant laid down a spread in front of many unspecified people, such as D, and committed a openly obscene act by taking the sexual organ into consideration.

2. On August 1, 2016, the Defendant committed a crime on August 1, 2016, around August 23:21, 2016, at the same place as above, carried out an obscene act by openly cutting down his sexual organ in front of many unspecified and unspecified persons, such as D, and committing the act of self-defenseing his sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shows the attitude of recognizing and opposing the defendant's crime, the primary offender, the disabled person at the time, the father of the defendant is leading, the father of the defendant is leading, and other matters specified in Article 51 of the Criminal Act, which are conditions for sentencing such as the defendant's age, character and conduct, environment, etc., as shown in the records and arguments of this case, shall be determined as per the disposition.

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