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(영문) 서울서부지방법원 2017.02.17 2016고단2489
공연음란
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, around July 28, 2016, in D Park where many unspecified people pass through Yongsan-gu Seoul Metropolitan Government on July 28, 2016, he/she opened a brush and brush a brush and prush in the presence of E, etc.

The patently committed obscene acts, such as talking with grandchildren.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. E statements;

1. Application of the photographic Acts and subordinate statutes;

1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include only once the defendant simply exposes his sexual organ and does not proceed to a serious obscenity act, such as committing the above act. The defendant does not have any previous criminal records for the same kind of crime and has no particular criminal records other than a long fine, and the defendant's age, sexual behavior, environment, and circumstances after committing the crime are considered and determined as the order of the punishment as set forth in Article 51 of the Criminal Act.

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