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(영문) 인천지방법원 2016.11.29 2016고단6644
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

1. On July 28, 2016, at around 08:00, the Defendant openly obscene act by exposing her sexual organ, following the exposure of her sexual organ, while he/she reported D (one name, two-four years of age) that was parked on a nearby road in the Southern-gu Incheon Metropolitan City B, and passed next to the Defendant’s seat.

2. On September 6, 2016, at around 07:45, the Defendant opened a car driving seat in the vicinity of the Nam-gu Incheon Metropolitan City E-gu, and was reported by the foregoing D, the Defendant disclosed his sexual organ, and used his sexual organ to be boomed and shade his sexual organ by openly committing an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shows the attitude of recognizing and opposing the defendant's crime is advantageous. The fact that the defendant has the same criminal power as the defendant once has the same kind of punishment shall be considered disadvantageous circumstances, and the defendant's age, character and conduct, environment, etc., as shown in the records and arguments of this case, are determined by taking into account the various matters stipulated in Article 51 of the Criminal

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