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(영문) 인천지방법원 2016.01.25 2015고단8039
공연음란
Text

Defendant shall be punished by a fine of one 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 November 13, 2015, the Defendant openly committed an obscene act by unloading a b-area bus operated in the south direction from Gangwon-do to Gangwon-do around 20:10 to 20:40 on November 13, 2015, putting the boomer, putting the boomer out of the b-area bus, and committing an obscene act by using hand and booming it.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of attached video CD-related Acts and subordinate statutes;

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

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

2. Although the Defendant committed a second offense in 2011 despite the record of each fine in accordance with the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Indecent Acts in Public Crows) and the performance and obscenity in 2014, the Defendant is not more likely to have committed a second offense. However, the Defendant’s specific efforts to prevent the second offense, such as committing a second offense, i.e., taking into account the fact that the form of the crime shown in the attached video CD is not more severe, and the Defendant’s recognition of, and reflects on, the Defendant’s criminal act, and giving medical treatment

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