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(영문) 서울중앙지방법원 2016.04.15 2016고단688
공연음란
Text

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

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

Reasons

Punishment of the crime

On January 6, 2016, around 22:30 on January 6, 2016, the Defendant publicly committed obscene acts, such as unloading a brush in the state of customers, brushing a sexual organ in his hand, and brushing it, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of E and F;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not correspond to the crime of this case, but the fact that the defendant has been punished for a sex offense of this case is not a type identical to the crime of this case, and the defendant has a record of being punished for a sex offense of this case shall be considered disadvantageously, and the defendant is in profoundly against his intention to recognize his mistake from the beginning. After committing the crime of this case, the defendant has been endeavoring to not re-offending after being provided mental and medical treatment and education for preventing sexual assault. The defendant's age, occupation, sex behavior, the method and result of the crime of this case, the circumstances before and after committing the crime of this case shall be determined by taking into account all the factors of sentencing specified in the records.

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