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(영문) 서울중앙지방법원 2016.02.12 2015고단7420
공연음란
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 26, 2015, the Defendant was sentenced to a fine of two million won as an obscene crime in Seoul Southern District Court.

Criminal facts

1. On October 31, 2015, from around 23:33 to 23:54 of the same day, the Defendant discovered through the windows where the name of a woman living in the building subparagraph of the building cannot be identified, who was laid off, saw out, and saw, that a woman living in the building subparagraph of the building in a bath room, was able to view at the lower parking lot of the building located in Dongjak-gu Seoul Metropolitan Government from around 23:33 to around 23:54 of the same day, and found out through the windows where the name of the person living in the building subparagraph of the building was laid off, and sawed, and carried out an obscene act by hand by openly

2. On November 2, 2015, from around 23:44 to 23:59 of the same day, the Defendant: (a) from around 23:4 to around 23:59 on the same day, a female, who is unable to know the name of the person residing in the △△△△△ Group, suffering from a civil retail airr and takes the form of a civilian retailr, and a female, who was unable to know the name of the person living in the △△△△ Group, discovered the form of a computer with a view to string the string of the string of the Defendant’s sexual organ, and committed a publicly obscene act by openly harming the Defendant’s sexual organ with his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes to photographs and photographs of the scene of crime;

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Since Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant again committed the instant crime under the condition that the Defendant was punished for the same crime, and thus, the Defendant needs to be punished accordingly.

Defendant.

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