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(영문) 수원지방법원 여주지원 2020.05.25 2020고단166
공연음란
Text

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

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

Reasons

Punishment of the crime

1. On August 2019, the Defendant discovered that the victim C (a woman, scam) was able to walk to the Defendant’s seat while carrying a book on the bicycle lane in front of the Seocho-gun, Yangyang-gun.

The patently committed obscene acts by exposing sexual organ, etc.

2. On November 4, 2019, at the place indicated in the preceding port, at around 17:30 on November 4, 2019, the Defendant discovered that the said victim was protruding towards the Defendant’s seat while provokinging the Defendant’s seat, and exposed the Defendant’s body, including his/her sexual organ, with his/her upper and lower body off.

3. On November 6, 2019, at the place indicated in the preceding port, the Defendant discovered that the said victim was protruding towards the Defendant’s seat while taking the responsibility, and exposed his body, including his/her inner and lower body, by openly exposing his/her body.

Accordingly, the Defendant made a patently obscene act three times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of the Acts and subordinate statutes to photographs of the suspected person who is his/her known body and the surroundings of the suspected person who is his/her unknown body;

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the applicable criminal facts and the choice of fines;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, committed the instant crime during the suspended execution period, even though he/she was sentenced to a suspended sentence for sexual crimes in 2018.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

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