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(영문) 서울북부지방법원 2017.10.26 2017고단3655
공연음란
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 12, 2017, the Defendant is off from the side of a building located in Dongdaemun-gu Seoul Metropolitan Government on May 18:10, 2017, and the Defendant goes off panty and taken out panty through a bridge.

(1) the Corporation has continued to meet the requirements of the Corporation.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs of the scene of crime;

1. Application of Acts and subordinate statutes to investigative reports (non-reporting persons and statements by police officers dispatched);

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. The Defendant asserts to the effect that the Defendant was physically and mentally deprived or physically under the influence of alcohol at the time of committing the instant crime, as to the Defendant’s argument regarding the punishment, etc. of sexual assault crimes committed in order to complete program.

In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.

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