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(영문) 인천지방법원 2016.08.22 2016고단3730
공연음란
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On March 25, 2016, around 00:40 on March 25, 2016, the Defendant: (a) viewed B (n, 24 years of age) (hereinafter referred to as “B”) seated in the front line of the Incheon subway train, which passed around the Nam-gu, Incheon; (b) and (c) exposed the sexual flag to the knife and self-defense of the knife.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant recognized a crime and made specific efforts to prevent recidivism, such as treatment, while reflecting the recognition of the crime; (b) the Defendant committed the same crime in 2013 and 2015; and (c) the amount of the fine was determined in consideration of the fact that the Defendant committed the same crime in 2013 and 2015, and

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