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(영문) 수원지방법원 안양지원 2018.04.20 2017고단1895
공연음란
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 13:26, 2017, the Defendant had reported E as a river side book near the former C Park in Ansan-si, the Defendant committed a openly obscene act in the mountain book with approximately two minutes of her sexual organ from the site of storage, such as exposure to approximately two minutes of her sexual organ, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. 112 Reporting case handling table;

1. On-site map;

1. Application of Acts and subordinate statutes governing the photographed person;

1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;

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. Sentencing of Article 334(1) of the Criminal Procedure Act provides that the sentencing of a fine for provisional payment order is flexible - Unfavorable circumstances: In light of the background and content of the crime, the circumstances before and after the crime, etc.; the fact that the crime was committed in F accounting books around 2013 that there was a record of having received a summary order of a fine of one million won as a crime of obscenity by performing the same kind in the F accounting books; the fact that there was no record of a fine exceeding the fine: Other circumstances: the defendant's age, sexual behavior, occupation, family relationship, property status, etc.

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