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(영문) 인천지방법원 부천지원 2018.04.18 2018고단532
공연음란
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal record] On March 16, 2018, the Defendant was sentenced to a suspended sentence of two years in six months of imprisonment with prison labor for interference with business in the Incheon District Court’s Branch Branch. The above judgment became final and conclusive on the 24th of the same month.

[Criminal facts] On December 29, 2017, the Defendant made a public obscenity that the Defendant reads “datise satise satise satise satise satise satise satise satise satise satise satise satise satise satise satise satise satise satise s

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Previous convictions in judgment: Application of investigation reports (the confirmation of concurrent crimes after Article 37 of the Criminal Act)-related Acts and subordinate statutes;

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. 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 sentencing conditions stated in the record, such as the following circumstances and the attitude of the crime, age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc. under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined in full view of the sentencing conditions stated in the records.

- The defendant is suffering from alcohol dependence, and the defendant has been punished for various crimes.

Nevertheless, the crime of this case was committed under the influence of breath without the opening.

- the witness feel a considerable sense of sexual humiliation, insult, and aversion.

- Recognizing his mistake, and showing an attitude against it.

- It is recognized that efforts are made to prevent recidivism, such as hospitalization for treatment.

-the witness has repeatedly died to the witness, and the witness wants to take the front line of the defendant.

- The records subject to punishment as obscene acts of public performance have not been reached.

- At the same time as the crime recorded in the judgment.

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