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(영문) 인천지방법원 2015.12.23 2015고단5595
공연음란
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On August 15, 2015, around 22:10 on August 15, 2015, the Defendant laid off the front side of the Seo-gu Incheon Metropolitan apartment shopping mall “D” in front of the shopping mall, which was in a superior state of drinking, and displayed his sexual organ to the public.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning criminal facts and the choice of fines;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria are not set for the crimes indicated in the judgment;

2. On February 5, 2015, the Defendant was sentenced by the Incheon District Court to eight months of imprisonment for public performance and obscene crime, etc. and completed the enforcement of the sentence in the Incheon Detention Center on July 23, 2015. However, the Defendant is not likely to repeat the crime during the period of repeated crime due to public performance and obscene crime, etc., but the foregoing force includes approximately 20 times the crime of obstruction of duties and damage of property, and the Defendant is against the Defendant during the period of detention for not less than one month, and is sentenced to the upper limit of the fine prescribed by the Act, taking into account the following: (a) the Defendant

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