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(영문) 서울북부지방법원 2017.12.21 2017고단3857
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

On July 18, 2017, the Defendant, at around 20:37, 2017, breathed in the front of the store “CD” in Seoul Special Metropolitan City, Nowon-gu, and breath, while drunkly drinkingly and complying with various players, such as E (V).

In other words, the sexual organ was made several times as they seem to have committed self-defensive acts.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;

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

1. The defense counsel asserts to the effect that the Defendant had mental and physical loss or mental weakness under the influence of alcohol at the time of the instant crime. The defense counsel asserts to the effect that the Defendant was in a state of mental and physical injury under the influence of alcohol at the time of the instant crime.

In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.

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