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(영문) 대전지방법원 2016.02.05 2015고단4118
공연음란
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 9, 2015, the Defendant: (a) 00:05 on September 9, 2015, coming back to the D static point C, Daejeon Tae-gu, Daejeon, and coming back to a place where many unspecified people pass, such as E (n, 39 years old); and (b) taken out the sexual organ.

By doing so, the act was publicly obscene.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

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

3. Although there is a high possibility of criticism as an offense of the same kind of crime during the period during which punishment is suspended for the reason of sentencing under the main sentence of Article 16 (2) of the Act on the Punishment, etc. of Sexual Crimes Committed to Order, the punishment shall be determined as ordered in consideration of the fact that confession and reflect are made, and that it is making efforts to liquidate a long-standing flight life and live in good faith as an employee.

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