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(영문) 서울북부지방법원 2015.05.28 2015고단530
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 November 17, 2014, around 19:00, the Defendant: (a) viewed that he takes part in the bus stops in front of the bus stops around 527-7, Jung-gu, Seoul, and that he goes through by many people, including women, such as women, and (b) produced his sexual organ, scambling, scambling, scambling, and openly obscene acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports (pacters and telephone conversations);

1. Relevant Article 245 of the Criminal Act concerning the facts constituting an offense and Article 245 of the Selection of Punishment;

1. Articles 70 (1) and 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;

1. The Defendant’s act of sentencing on the grounds of Article 334(1) of the Criminal Procedure Act constitutes a crime that infringes on the social legal interests, such as sound sexual morals, and is subject to criticism in light of the content and method of the Defendant’s crime (in particular, the specific form of act as shown in the investigation record).

On the other hand, there are positive circumstances such as the defendant's recognition of crime and the absence of the same power (second-class fine power).

The sentence shall be determined in consideration of all the conditions of sentencing indicated in the records of this case, such as the defendant's age, occupation, character and behavior, living environment, etc., in the above positive and unfair circumstances.

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