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(영문) 서울북부지방법원 2015.10.15 2015고단2668
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

On July 4, 2015, at around 00:25, the Defendant openly committed an obscene act by getting out of his will and self-defashing his sexual organ, as shown in C (M, E, 28) and D (M, 28) on the way that the front and rear N, Seoul Special Metropolitan City, Nowon-ro 12, Nannam University.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to C and D

1. Relevant Article 245 of the Criminal Act concerning the facts constituting an offense and Article 245 of the Selection of Punishment;

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. The record of punishment of sex offenses (the suspended execution in February 1994 shall be four years from the date of imprisonment with prison labor for rape and injury caused by rape in June 1994) to find a sentence to be imposed on the major sentencing factors under Article 334(1) of the Criminal Procedure Act, taking into account the criminal motive, age, occupation, character and conduct, living environment, health condition, etc. of the defendant, as well as the record of committing the crimes that infringe on the social legal interests of sound sexual morals, and the character of the crimes is not good in light of the circumstances following the crimes.

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