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(영문) 전주지방법원 군산지원 2015.10.30 2015고단534
공연음란
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On February 18, 2013, around 18:00, the Defendant: (a) entered the E Institute operated by D in Hasan-si C; (b) opened to view the said D; and (c) opened to the chair; and (d) laid down his sexual organ to his hand out; and (c) openly obscene act.

2. On March 18, 2015, around 18:00, the Defendant entered the above chemical part in C at the same time, and viewed the foregoing D, and made a patent obscene act by openly exposing the sexual organ out of his/her sexual organ.

3. The defendant has committed the same harm.

4. Around 18:00, at the same time, the act of openly obscenity was committed by entering and viewing the above D and exposing his sexual organ out of the place of origin.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of internal investigation reports (on-site photographs, etc.), field photographs, CCTV images CD-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 245 of the Criminal Act concerning the crimes;

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed a crime repeatedly before the victim, and that it seems that the mental suffering would be reasonable due to the occurrence of the victim.

However, considering the fact that the defendant is against the defendant, that the defendant is the first offender who has no record of committing the same kind of crime as the past, that the defendant's own hearing of sexual assault prevention discipline, etc., and that he does not repeat again, the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., various sentencing conditions as shown in the arguments in this case shall be comprehensively considered, and the punishment shall be determined as per the order.

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