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(영문) 서울동부지방법원 2018.10.05 2018고단2571
공연음란
Text

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

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

Reasons

Punishment of the crime

On May 21, 2018, the Defendant: (a) around 17:05 on May 21, 2018, the Defendant: (b) placed his hand in the panty, carried his sexual organ into the panty and scambling it in accordance with the victim D (name, scam, 32 years of age) that passed the place in front of Seongdong-gu Seoul Metropolitan Government.

As a result, the Defendant openly committed obscene acts on the alleyway where the two persons and vehicles frequently pass.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Each investigation report (Nos. 5 and 10 once a year);

1. 112 Application of the Acts and subordinate statutes of the Table for Reporting Processing;

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

1. Article 70(1) and Article 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 to Order;

1. The proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from the order of restriction on employment under Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order, has special circumstances that may not be subject to restriction on employment in light of the Defendant’s age, family environment and social ties, records, details and motive of the crime, method and consequence of the crime, risk of recidivism, etc.

I think)

The reasons for sentencing are the defendant's age, sexual conduct, environment, motive and result of the crime, circumstances after the crime, and the degree of obscene act as shown in the argument of this case. The same sentence as the order shall be determined after considering the various conditions of sentencing as shown in the argument of

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