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(영문) 서울중앙지방법원 2020.02.05 2019고단8143
공연음란등
Text

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

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

Reasons

Punishment of the crime

1. Public performance and obscene;

A. On June 2, 2019, around 19:30 on June 2, 2019, the Defendant used the F (108CC) CA110 motorcycle owned by himself/herself on the side of “C Station” located in Jung-gu Seoul, Jung-gu, Seoul to “Ehanwon” located in D, Jung-gu, Seoul, and publicly obscenityd the sexual organ under his/her bottom.

B. On June 30, 2019, the Defendant: (a) operated a F (108CC) F (110 motorcycles owned by himself/herself in the street near Jung-gu Seoul Metropolitan Government; and (b) openly obscenityd his/her sexual organ under his/her bottom on a half-round basis.

C. On July 2, 2019, at around 08:10, the Defendant operated the F (108CC) owned by himself/herself on the front road of the “H building in Jung-gu Seoul, Seoul, and used the F (108CC) CA110 motorcycles, and publicly made obscene acts under the bottom of his/her sexual organ.

On July 2, 2019, at around 11:55, the Defendant operated F (108CC) F (108CC) CA110 motorcycles owned by the Defendant, and asked a path under the bottom of the brush, thereby doing an obscene act.

2. Notwithstanding the fact that the Defendant obtained a Class-I driver’s license on September 1, 1991, and that the driver’s license was revoked on June 19, 2019, the Defendant driven a F (10cc) CA10 motorcycle owned by himself from around 08:0 on July 2, 2019 to July 12:00 on July 2, 2019, from around 08:00 to around 12:00 on July 2, 2019, Seongdong-gu Seoul International Building from around the Jdong-dong to about 3 km in Seoul, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Investigation report ( telephone conversations with reported L);

1. A report on occurrence (crime of public performance and obscenity);

1. Application of Acts and subordinate statutes to investigation reports (related to the register of driver's licenses and details of disposition on cancellation of licenses);

1. Relevant legal provisions, Article 245 of the Criminal Act, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act, and the selection of fines for negligence;

1. Article 37 of the Criminal Code among concurrent crimes.

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