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(영문) 대전지방법원 홍성지원 2017.06.27 2017고단161
공연음란
Text

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

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

Reasons

Punishment of the crime

On January 27, 2017, the Defendant: (a) entered a convenience store C in Jin-si, Jin-si, 19:04, and laid down his clothes in an unclaimed state; and (b) purchased and calculated goods without exposing her sexual organ, and displayed her sexual organ to the victim D; (c) from that time until February 7, 2017, the Defendant publicly obscenityd 10 times in total, as indicated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Each statement of H, D, and I;

1. Application of CCTV images, CCTV images, CCTV images, and CCTV video CD-related Acts and subordinate statutes to J convenience stores;

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

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 sentencing of Article 334(1) of the Criminal Procedure Act is based on comprehensive consideration of all the conditions of sentencing as shown in the records, such as the Defendant’s age, sexual conduct, environment, circumstances before and after the instant crime, and the circumstances before and after the instant crime, etc., and the details of the instant crime, as set forth in the order.

D. Unfavorable circumstances: The act was committed repeatedly over 10 times by screening and exposing a sexual organ only with a female employee. As a result, the said female has caused a considerable sense of sexual humiliation, and the Defendant wanted to show his sexual organ to other persons.

The circumstances that are favorable to the fact that there is a motive for a crime that cannot be easily understood, such as referred to above: The defendant led to a confession and reflect on the crime; exposed of sexual organ to the state where the defendant was spread; and did not proceed to other obscene acts; and the first offender who has no record of criminal punishment.

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