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(영문) 부산지방법원 2017.06.14 2016고단8541
공연음란등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On October 20, 2016, the Defendant obscenity 13:30, while drinking alcohol in front of the Busan Geum-gu, Busan, the Defendant obscenity and took a bath on the ground that D refers to frequently drinking alcohol to himself/herself and her, and let D look at the clothes of the upper and lower clothes that he/she was suffering from among many residents, and put about about about 15 minutes of the clothes of the upper and lower clothes that he/she was suffering from, and put them into the front condition.

Accordingly, the Defendant publicly committed an obscene act.

2. On the grounds of the above paragraph 1 of the Punishment of Minor Offenses Act, the Defendant was arrested at the corner area of the Busan Franchi Police Station on the ground of the following reasons: (a) around 14:10 on the same day, the Defendant saw about 30 minutes of bitch bitch bitch bitch bitch bitch bitch bitch bitch ambling within the police station; (b) “Ping ambling ambling me”; (c) “the police station of the Republic of Korea”, “the police station of the Republic of Korea”, “the police station of the Republic of Korea”, 2 computer monitors installed on the above flux son’s son, flue on the ground of the fluorb son’s floor; and (d) the Defendant spited on the flub on the ground of the flub son at around 14:10 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report and a state statement;

1. Relevant Article 245 of the Criminal Act concerning the facts constituting the crime (a point of obscenity in a public performance) and Article 3 (3) 1 of the Punishment of Minor Offenses Act (a point of the disturbance of revocation in the public official document);

1. Selection of each alternative fine for punishment;

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

1. There is any special circumstance in which the defendant is unable to issue an order to complete a program necessary for the prevention of recidivism in light of the mental condition of the defendant, and the attitude, age, sexual conduct, environment, etc. in this Act under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes exempted from order to complete a program;

[Judgment]

1. The order of provisional payment;

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