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(영문) 수원지방법원 2017.05.11 2017고단1224
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

The Defendant, at around 20:40 on February 6, 2017, was in a situation in which many and unspecified persons passing through a car driving seat located in front of the Young-gu, Young-gu, Sinwon-si B with a view to viewing the Defendant by using a cell phone, even though it is a situation in which many and unspecified persons can view the Defendant through the convenience of the said car.

A publicly obscenity act was committed by doing the above act.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be taken into account; however, considering the following factors: (a) the Defendant’s mistake is divided; and (b) the Defendant is the primary offender; and (c) other factors indicated in the records, such as the Defendant’s age, sexual behavior, environment, and circumstances of the crime, the punishment as ordered shall be determined by taking into account the following factors:

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