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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On February 13, 2016, at around 23:45, the Defendant openly committed an obscene act, such as exclusion of all the lower members of the lower court from the lower court, and going up to the lower court’s exclusive water surface, while exposing the lower court’s sexual organ, in the public water surface room for men and women of the second floor located in Gwanak-gu, Seoul Special Metropolitan City.
Summary of Evidence
1. Partial statement of the defendant;
1. E statements;
1. Data on the video recording of field CCTV;
1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (reports related to suspect repeated crimes);
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. Contact with the purport that the Defendant was physically and mentally weak at the time of committing the crime under Article 334(1) of the Criminal Procedure Act, because the Defendant asserted that he was in a state of her custody;
Considering the various circumstances, such as the means and method of the instant crime, the act of the Defendant before and after the instant crime, which is acknowledged by evidence, the Defendant had weak ability to discern things or make decisions at the time of the instant crime.
The defendant and the defense counsel did not seem to have knowledge of obscenity. The defendant and the defense counsel at the time knew that the defendant had no mind of obscenity because they were aware of obscenity, entering the clothes in the absence of mind, or obscenity, and that there was no perception of obscenity.
However, in light of the place and surrounding circumstances of the crime of this case recognized by evidence, the argument that the defendant was dismissed from the escape room or the male-only water surface room cannot be accepted.
Furthermore, even if there is a defense counsel’s assertion, it is more so in that the Defendant used the instant friendship as a place for accommodation in fact.
The reason for sentencing is that the defendant.