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(영문) 광주지방법원 2017.01.25 2016고단5125
공연음란등
Text

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

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

Reasons

Punishment of the crime

On September 2, 2015, the Defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court on September 2, 2015 and was sentenced to two years of probation on September 10, 2015, and is still under probation.

1. On August 15, 2016, the Defendant made a public performance obscene act openly in a manner that the Defendant was off the victim E (in women, 60 years of age) at the front bus stops located in Gwangju Northern-gu, Gwangju, and that the Defendant was off from the part of the victim and back back back to the part of his body, and returned back to the nearby body.

2. On August 16, 2016, around 01:00, the Defendant damaged public goods, on the ground that the Defendant was arrested at the office of the 3rd female juvenile investigation team office of the 61st Seo-gu Police Station in Gwangju, Seo-gu, Gwangju, and was under investigation due to the act referred to in the above 1st paragraph, and was broken off once a computer monitor of the market price equivalent to KRW 180,00,00, which is the public goods in front of the Defendant.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the second written protocol concerning the examination of the suspect against the defendant;

1. Each investigation report (with respect to the damage of a suspect's public property and the use of equipment, damage to public property, failure to prepare a record of the person's statement);

1. Previous convictions in judgment: Application of respective Acts and subordinate statutes written in replys to inquiries, such as criminal history, and in investigation reports (Attachment, etc. of judgment);

1. Relevant Article 245 of the Criminal Act, Article 141 (1) of the Criminal Act, and the choice of fines for the crime;

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. 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 is very poor in that the defendant committed a public performance or obscene crime and was investigated by the police, thereby damaging the computer located there.

There are crimes of damage to the defendant 4 times.

(b).

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