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(영문) 수원지방법원 성남지원 2017.08.11 2017고단1281
공연음란
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, at around 23:00 on May 10, 2017, takes away from the place his sexual organ in front of an unspecified number of people who passed a park, such as D, where he/she is considered to be a sperm in C Park located in Seongbuk-gu, Sungnam-si, Sungnam-si.

The act of self-defensing with the left hand, such as sckeing several times under the boom.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. 112 Notification to a department related to the report of the case;

1. Application of the Acts and subordinate statutes concerning CCTV images-fashion photographs;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant openly obscenity with a large number of unspecified persons in the park where the defendant had an interview with the applicable criminal law is unfavorable.

However, in consideration of the fact that the defendant is the first offender, the confession of the crime of this case, and the attitude against him, and other circumstances under Article 51 of the Criminal Act, etc., the punishment shall be determined as per the order.

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