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(영문) 의정부지방법원 2018.07.19 2018고정366
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 7, 2017, at around 23:45, the Defendant: (a) reported D(19 years of age) that was returned to the front door of B apartment C Dong-gu, Gyeonggi-do; (b) sent knee and panty to knee; and (c) exposed her sexual organ and engaged in self-defense, and (d) openly obscene act according to the said D.

Summary of Evidence

1. Legal statement of the witness D;

1. 112 The defendant asserts that the report processing table of the 112 reported case [the defendant only sent a defense at the time of the instant case and did not state his act.]

However, the circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., the defendant was considered in the vicinity of the apartment building C at the time of the instant case, i.e., the following: (a) at the time of the instant case, the defendant was frighting on the road in the apartment complex; (b) at the time of the instant case, the defendant was frighting on the road in the apartment complex; and (c) at the time of kneing on kneeing on knee and kneeing on kneeing on her own; and (d) the defendant was frighting on kneeing on her own at the time; (b) the report processing case prepared by D pursuant to the report 112 at the time of the instant case also stated that "at the time of the instant case, D was fright away from any male seat"; (c) the location of the defendant could easily be seen as having been merely a road in the apartment complex; and (d) the defendant did not have any obscene or knee.

Application of Statutes

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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