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(영문) 대구지방법원 2015.08.18 2015고단3045
공연음란
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On May 16, 2015, at around 00:40, the Defendant: (a) landed from the bus platforms located in front of the C hotel located in Daegu Jung-gu, Daegu-gu, about whether he was in front of the D (M, 35 years of age) and E (M, 34 years of age) and publicly made a obscene act.

2. At around 00:45 on the same day, the Defendant: (a) avoided the acts of the above 1.1 in front of the Western summit located in the same month of 2034 (Seoul-dong); (b) avoided the acts of the above 1.1; and (c) took off the above D and E before it, and openly imprecing his own sound signals.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Article 245 of the Criminal Act concerning the facts constituting the crime;

1. Selection of each alternative fine for punishment (i.e., reflectiveness, absence of criminal record);

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

1. Articles 70 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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