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Reasons
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(영문) 인천지방법원 2016.10.20 2016고단5335
공연음란
Text

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

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

Reasons

Punishment of the crime

1. On August 22, 2016, the Defendant committed a crime around 16:30 on August 22, 2016, at around 16:30 on August 22, 2016, viewed that the vehicle parked on the street B around the Bupyeong-gu Incheon Bupyeong-gu, and carried out a publicly obscene act in view of C (n, 24 years of age) and her inner part of his/her inner part and her part of clothes.

2. On August 22, 2016, around 16:50 on August 22, 2016, the Defendant committed an obscene act openly by viewing D (the age of 35) that the Defendant passed at the same place as the indicated in paragraph (1) at around 16:50 on August 22, 2016, and putting his/her arms and clothes out of his/her inner organ, and taking out his/her sexual organ for self-defense.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. Application of the Acts and subordinate statutes to report investigation results;

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning criminal facts and the choice of fines;

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

1. Articles 70 (1) 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the order of provisional payment is that the defendant committed a crime in excess of witness, but the defendant recognizes and reflects the crime.

The Defendant had the record of punishing KRW 500,000 and KRW 200,000 for an assault in 2011, and was sentenced to suspension of indictment for an obscene performance crime in 2014, but committed the instant crime again.

In this context, the sentencing conditions such as the defendant's age, character and conduct, environment, etc. specified in the records and arguments of this case shall be determined by taking into account the various matters prescribed in Article 51 of the Criminal Act.

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