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(영문) 수원지방법원 안양지원 2017.10.18 2017고단1486
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

On May 4, 2017, the Defendant, while working in Ansan-si, at around 20:30 on May 4, 2017, was running in front of the operation of the C lending in Ansan-si B.

In a state where many and unspecified persons, such as D (n, 16 years of age), have taken her sexual organ out of his/her hand;

By doing self-defense, a patently obscene act was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Report on internal investigation (D telephone conversations), investigation report (verification of CCTV images for crime prevention), investigation report (a suspect's statement and on-site inspection);

1. Application of reference photographs (a suspect escape route, etc.) and on-site photographs statutes;

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

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

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

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act is inferior in light of the background and content of the crime committed against female students whose punishment has been de facto, and the circumstances before and after the crime, etc., it is hard to say that the Defendant does not repeat the crime in light of the erroneousness. However, it is necessary to take into account various sentencing conditions, such as the initial offender and the Defendant’s age, sex, behavior, occupation, family relationship, property status, etc.

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