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(영문) 서울중앙지방법원 2013.05.06 2013고정1248
공연음란등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 26, 2012, the Defendant: (a) around 23:10 on October 26, 2012, operated a subway station as a new forest station in the Hongcom line of subway No. 2 in Mapo-gu Seoul, Mapo-gu, Seoul, with an unspecified number of passengers, opened a bomer and cut the bomer by accessing the bomer and brupted the bomer by hand.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Application of Acts and subordinate statutes to witness statements made in the DNA preparation;

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

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

1. Of the facts charged in this case, the part dismissing the prosecution for the sentencing of Article 334(1) of the Criminal Procedure Act, which has no record of criminal punishment for the defendant, appears to have committed the crime of this case by contingently, and the part dismissing the prosecution [the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place)] among the facts charged in this case, the summary of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) was committed on October 26, 2012, the defendant committed an indecent act in a place where the public is concentrated by using the victim C (influor, 22 years old)'s body even after the victim C (influor and 22 years old) in the red-line zone of subway No. 23:10 on October 26, 2012, the defendant committed an indecent act in a place where the public is concentrated by using a non-dam dam.

However, according to the agreement binding on the records, C, which is a crime falling under Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, may institute a public prosecution only upon a complaint under Article 15 of the same Act. According to the agreement, C, the complainant, after the prosecution of this case, may recognize the fact that the complaint was cancelled against the defendant on April 5, 201, which is the date of prosecution of this case.

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