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(영문) 서울북부지방법원 2015.11.12 2015고단2861
공연음란
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

1. On July 30, 2015, at around 23:18, the Defendant laid the elevator entrance at the seventh floor where people walk together with D (n, 28 years of age) in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, and 712 elevators, and then set the elevator entrance at the seventh floor where people walk, and made a publicly obscene act by doing self-defense in a sexual instrument as seen above D.

2. On August 1, 2015, at around 01:29, the Defendant laid off the elevator door from the eightth floor where people able to walk along with E (n, 34 years of age) in Seoul Special Metropolitan City, Nowon-gu, 714, and then opened the elevator door so that the elevator door can not be closed down, and as seen in E, the Defendant openly committed an obscene act.

3. On August 7, 2015, the Defendant 00:22: (a) boarded the elevator with F (F) in Seoul Special Metropolitan City, Nowon-gu, 712, and the elevator with F (17 years of age); (b) laid the elevator entrance at the sixth floor to close the elevator door; and (c) laid off the elevator with F as seen in F, thereby openly obscenity.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to D, F, and E;

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting an offense (the point of each obscene act and the choice of each fine);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Penalty fine of KRW 5,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act;

1. The reason for sentencing under Article 59(1) of the Suspension of Pronouncement of Punishment Act (affirmative consideration among the reasons for the remaining sentence) lies in committing an offense as stated in its reasoning against mixed women in an enclosed elevator. Although the offense is an offense that infringes on the social legal interests, such as sound sexual morals, but it is not good that the psychological impulse or pain suffered by women cannot be avoided due to special circumstances.

However, the defendant has a depth of his mistake from the investigative agency.

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