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(영문) 부산지방법원 동부지원 2018.05.02 2018고단261
공연음란
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On September 7, 2017, the Defendant discovered D (A, 15 years of age) in front of C’s “C” located in the Busan District captain-gun, Busan, on September 11, 2017, and confirmed ECo, which the Defendant was in operation, carried out an act of cutting off the damaged person on the side of the vehicle, inducing the victimized person to leave the vehicle on the side of the vehicle, and scam out the Defendant’s scam and scam the sexual organ.

Accordingly, the Defendant publicly committed an obscene act.

2. On September 9, 2017, the Defendant discovered that G (n, 19 years of age) is mixed in the direction of “F” located in “F” in Busan-gun B, Busan-gun, around September 14, 2017, and publicly obscenity was committed in the same manner as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. Application of Acts and subordinate statutes to photographs (the face value, etc. of a person immediately before committing the crime being followed by the victim);

1. Relevant Article 245 of the Criminal Act, the choice of punishment, and the choice of fines for the crime (the point of obscenity in a public performance)

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) is the primary offender and reflects his fault in depth.

The punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions, such as the defendant's age, environment, sex, motive, means and consequence of the crime, and the circumstances after the crime.

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