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(영문) 수원지방법원 안양지원 2017.09.15 2017고단1396
공연음란
Text

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

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

Reasons

Punishment of the crime

1. The Defendant was working for dry field at C front Gongpo-si located in Gunpo-si B from around 10:15 on May 29, 2017 to 10:30 on the same day.

Along with D(70) and E(74), a publicly obscene act was committed by unloading a sexual organ and committing a self-defensive act.

2. On June 9, 2017, the Defendant: (a) 09:30 on June 9, 2017, sent out from the front Mapo-si F (68 years of age) to many unspecified people, such as G (68 years of age) and made a public obscenity, thereby committing an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D or G preparation;

1. A performance report (obscenity);

1. 112 Reporting case handling table;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting a crime;

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

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. Although the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is not against the nature of a crime in light of the background, content, frequency, etc. of the crime, various sentencing conditions, such as the Defendant’s age, sex behavior, occupation, etc. shall be taken into consideration in light of the following: (a) the Defendant’s mistake is against the Defendant; (b) there is no past record of a sex crime

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