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(영문) 대구지방법원 2018.03.20 2017고단5022
공연음란
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From around 12:30 to 15:10 on August 4, 2017, the Defendant sent out a park in which many unspecified people walk in the state of being drunkd and being exposed to knenee when drinking in D Park (one person: E Park) located in Sinsan-si (hereinafter “E Park”), and on August 5, 2017, around 01:00, the Defendant used a publicly obscene act by drinking out kne on the sperm in which many unspecified people can see it as being exposed to her sexual organ by drinking only in the above park and exposing knee and exposing knee.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the notification of departments related to the report of internal investigation (such as the situation at the time of dispatch to the site), on-12 report, on-site photographs, report on internal investigation (Attachment to the 112 Report List)-112, report on the handling of reported cases, report on the occurrence (public performance obscenity), report on internal investigation (the state of suspected person and dispatch to the site), and report on internal investigation (the photograph of CCTV on the site of this case);

1. Article 245 of the Criminal Act and the choice of fines for the crime; Article 245 of the Criminal Act and the choice of fines for the crime;

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

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 crime committed in the vicinity of a child-care center or a park near the child-care center under Article 334(1) of the Criminal Procedure Act with poor criminal attitude of sentencing and causing sexual humiliation and mental suffering, repeated crimes committed over this frame, and there are records of criminal punishment several times: Provided, That there is no same record, and it is against the defendant's age, sex behavior, family relation, criminal records, the circumstances of this case, and the past progress, etc. shall be determined by taking into account the following conditions of sentencing.

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