logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.02.09 2017고정821
공연음란
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 19, 2017, at around 00:15, the Defendant exceeded, and presented her gender, the Defendant was off the Defendant’s load at the seat of 10 customers E and the unspecified number of customers in the D hotel located in Daejeon Pung-gu C.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E;

1. Application of Acts and subordinate statutes to photographs taken by the person under consideration;

1. Relevant Article 245 of the Criminal Act and Article 245 of the Criminal Act concerning the crime;

1. Penalty fine of KRW 3,000,000 to be suspended;

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

1. Article 59(1) of the Criminal Act (i.e., the fact that a defendant commits a mistake and seriously reflects his/her fault) of the suspended sentence is finalized, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

However, if a suspended sentence against a defendant is deemed acquitted after two years have elapsed since the judgment on the suspended sentence became null and void, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). In light of the following factors: (a) the Defendant’s age, occupation, risk of recidivism, details and motive of the offense; (b) seriousness of the offense; (c) the degree of disadvantage and anticipated side effects of the Defendant due to the disclosure order or notification order; (d) the effect of preventing sexual crimes subject to registration that may be achieved; and (e) the effect of protecting the victims thereof; and (e) the disclosure of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; and (e) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse.

arrow