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Reasons
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(영문) 서울북부지방법원 2015.09.17 2015고단2326
공연음란
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On April 5, 2015, the Defendant publicly obscenity committed an obscene act by making his/her own will and panty panty, following the act of self-defluence on April 5, 2015 at the play place, where people in 51-29 are allowed to enter and depart, at the 'fluence village in the place of stay' where people in 51-29 are allowed to enter and depart, as shown in the column to the victim B (nive, 20 years of age) and one other, and the victim B (nive, 20 years of age) who have come to and talked at the place.

2. On May 5, 2015, the Defendant committed an obscene act openly by putting his/her panty and doing panty, as seen above, on May 5, 2015, 2015, at the 'Sojoin Village Mar. 5, 2015’ playground where people are allowed to walk, i.e., the victim C (n., 18 years of age) and two other persons who talk with her own will and panty.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to B and C

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting an offense (the point of each obscene act and the choice of each fine);

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

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

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

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the punishment of the defendant is imposed on the major sentencing factors in consideration of the criminal motive, age, occupation, character and conduct, living environment, etc. of the defendant, and the criminal records of the same kind of crime (the fine of 500,000 won in 2010), the defendant's act is not good in light of the method, frequency, etc. of crime that infringes on the social legal interests of sound sexual morals

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