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(영문) 대구지방법원 2018.10.19 2018고단3565
공연음란
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

On January 19, 2018, the Defendant was sentenced to a suspended sentence of two years on the 27th of the same month to imprisonment with prison labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (indecent act, such as a deceptive scheme), intrusion upon residence, and obscenity of a public performance.

On March 13, 2017, the Defendant found the victim C (a woman) returning home on the road in Daegu Northern-gu B, Daegu Northern-gu B, and the front of the road, and committed an obscene act by exposing the victim’s sexual organ, such as committing an indecent act by exposing the victim’s rear condition and exposing the sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same 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. Taking into comprehensive account the Defendant’s age, occupation, existence of the record of punishment for a sex offense, the details of the instant crime, the method and consequence of the crime, seriousness of the crime, etc., under the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, there are special circumstances in which the risk of recidivism is remarkably low or employment is not restricted pursuant to the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

Since it is judged, it is not ordered to issue an employment restriction order to the defendant.

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