(영문) 서울남부지방법원 2019.08.21 2019고단2129

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(영문) 서울남부지방법원 2019.08.21 2019고단2129

공연음란

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On February 3, 2019, at around 11:40, the Defendant deemed women who were in front of Geumcheon-gu Seoul, Geumcheon-gu, Seoul, as well as women who were in front of the world, and made a public obscenity by taking scambling their sexual organ at the bar and scaming them.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the Acts and subordinate statutes by cutting down a self-defavoking of obscenity;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The crime of determining whether a person is subject to an order to register, disclose, or disclose personal information under Article 334(1) of the Criminal Procedure Act is an offense provided for in Article 2(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and does not constitute a sex offense subject to the registration of personal information under Article 42(1) of the same Act, and does not constitute a sex offense subject to an order to disclose or notify personal information under Articles 47 and 49 of the same Act, and thus does not constitute a duty to submit personal information

In full view of the following circumstances: (a) the Defendant exempted from an employment restriction order; (b) the type and content of the offense; (c) the process of the offense; (d) the social interest expected by the public disclosure order and the employment restriction order; and (e) the effect of preventing sexual crimes; and (d) the disadvantage and anticipated side effects of the Defendant; and (e) the Defendant is deemed to have a special reason not to issue an employment restriction order with a child-related institution, etc.

In full view of the factors indicated in the arguments and records of sentencing, including the fact that the defendant for the reason of sentencing is recognized to commit the crime, and there is no record of criminal punishment in the Republic of Korea, the sentence shall

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제2조 제1항 제1호

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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