logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2019.05.08 2019고단232
공연음란
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 4, 2018, the Defendant partially revised the facts charged to the extent that it does not materially disadvantage the Defendant’s exercise of the right of defense. On September 4, 2018, around 00:33, the Defendant laid down a fluor in the 1st floor of the Manan-gu Mayang-gu B building on September 4, 2018, and was openly obscene to allow many and unspecified persons to view their sexual organ in front.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on internal investigation (the statement of a witness who is a reporter and the securing and analysis of CCTV at the scene of occurrence);

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, considering the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions stated in the arguments and records in the instant case, such as the circumstances after the crime, the sentence shall be determined as ordered.

D. Unfavorable circumstances: The crime of this case is committed by the defendant openly in the middle of the crime, and its nature is not that of the crime in light of the substance of the crime.

It seems that the victimized women who observed the scene of the crime of this case were exposed to considerable sexual humiliation and displeasure.

There are many criminal records against the defendant.

The favorable circumstances: The defendant seems to have the attitude of recognizing and opposing the wrongness.

There is no history that the defendant has been punished beyond a fine.

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is deemed to have special circumstances where the risk of recidivism is significantly low or employment is not restricted, in full view of the Defendant’s age, occupation, existence of history of sex offense, details and motive of the offense, method of committing the offense, severity of the offense, etc.

arrow