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(영문) 대구지방법원 포항지원 2015.09.10 2015고단558
공연음란
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 20:50 on June 3, 2015, the Defendant discovered two female students suffering from the school uniforms that passed at the 780th place in the sloping of the gyke road in the north-gu New River as of 2015, and confirmed female students getting out from the car and exposed their sexual organ to the female students.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes to a report on investigation (a written statement of a shote and a request for the case related to a witness's guardian) and a written statement attached thereto;

1. Article 245 of the Criminal Act and the choice of a fine for the crime, Article 245 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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant committed the instant crime before female students at latest at night, and appears to have caused serious mental impulses to female students; circumstances favorable to the defendant's previous convictions on two occasions: The defendant did not have any previous convictions due to the same crime and his/her previous convictions for not less than 17 years, and the fact that there was no particular criminal history for the previous convictions, and that there was no other criminal history for the subsequent years, and that he/she reflects the mistake;

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