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(영문) 인천지방법원 부천지원 2021.01.13 2020고단2906
공연음란
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 9, 2020, the Defendant was under the influence of alcohol in C Park in Seo-gu Incheon, Seo-gu, Incheon on June 23:20, 2020, and taken the Defendant’s sexual organ towards the victim D (V, 16 years of age) who had conversations at that place and the Defendant’s sexual organ towards that day.

Patently engaged in obscene acts, such as committing self-defense.

Summary of Evidence

1. Application of Acts and subordinate statutes by cutting off on-site photographs and CCTV to the reporting department of the 112 case on the police statement of the defendant's legal statement D;

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 56(1) main sentence of Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order the Employment Restrictions of Children and Juveniles against Sexual Abuse (amended by Act No. 17338, Jun. 2, 2020); Article 59-3(1) main sentence of Article 59-3(1) of the Act on the Welfare of Persons with Disabilities was that the Defendant, while scaming sexual organs, took the female students of the same age toward the female students, thereby causing considerable fear and mental shock.

Nevertheless, the defendant argued that he tried to see his defense and denied the crime. It is doubtful whether or not the defendant properly repents the crime.

However, considering the favorable circumstances that the defendant is the first offender, the court shall take into account the defendant's age, sexual conduct, environment, circumstances after the crime, circumstances after the crime, degree of obscenity, etc., and determine the punishment as ordered by taking into account all the factors of sentencing as shown in the argument of this case.

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