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Reasons
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(영문) 부산지방법원 서부지원 2019.05.10 2018고단2025
공연음란
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On April 7, 2018, at around 23:19, the Defendant followed C (tentative name) who passed the place near Busan Northern-gu B, Busan-do, and performed an obscene act by openly doing self-defacing and self-defacing act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of provisional name;

1. Application of Acts and subordinate statutes to a report on internal investigation (the confirmation of CCTV at the case location and CCTV route), a report on internal investigation (to attach CCTV images at the scene of committing a crime), an investigation report (to attach photographs worn by a suspect at the time of committing a crime);

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the crime, the choice of fines;

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

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

1. The reason for sentencing under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018); Article 56(1) main sentence of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); and Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) appears to have

However, considering the fact that the defendant has either a criminal record of probation or a criminal record of the same kind of sex crime in favor of the defendant, the defendant's age, character, conduct and environment, motive, background, means and consequence of the crime of this case, circumstances before and after the crime of this case, and other factors of sentencing as shown in the argument of this case shall be determined as ordered.

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