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(영문) 수원지방법원 안양지원 2020.05.29 2020고단186
공연음란
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 2, 2019, the Defendant: (a) around 20:17, at the bus stops in the front of “C” located in Sanyang-si, Sanyang-si B, the bus passengers are observed; (b) went through to a place where many people can see; and (c) openly obscene acts.

2. On October 4, 2019, the Defendant: (a) around 11:53 to 12:28, at the bus stops located in the front of the bus stops in front of the Mayang-gu, the bus passengers E (V, 18 years old), etc., reported while the bus passengers E (V, 18 years old), etc. were able to get off the bus, and was openly obscene.

3. On October 55, 2019, the Defendant: (a) around October 17, 2019, the Defendant reported to the witness G (V, 23 years of age) to move an elevator on the way to a spacker in front of the underground reporting elevator located in the Manan-gu F at Ansan-si; and (b) made a public and obscene act by getting out of her sexual organ, showing, and making it open to the public.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of each report (public performance and obscenity), internal investigation report (in relation to CCTVs around the scene of the incident), internal investigation report (in relation to CCTVs around the suspect's residence), and application of Acts and subordinate statutes concerning investigation reports;

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

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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

1. The fact that it is difficult to readily conclude that a defendant has the risk of recidivism of sexual assault because he/she has no record of punishment for sexual assault crimes against him/her under the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, the age, social relationship, method and consequence of the crime, etc.

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