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Reasons
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(영문) 대구지방법원 2018.05.17 2018고정246
공연음란
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Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 19, 2017, at around 23:30 around 23:30, the Defendant: (a) discovered the victim G (the age 22) who walked on the road, and subsequently found the victim’s “E” (the age 22) at the front intersection of “E” located in P, M, M, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P; (b) the Defendant committed an obscene act that makes it possible for the victim to see the victim who walk on the road anywhere, by showing the situation where the damaged person s

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. G statements;

1. Application of Acts and subordinate statutes to report internal investigation (verification of CCTVs and video attachment), and report internal investigation (Attachment to next investigation).

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. An order of provisional payment is issued to set up a female who was fluoring the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and considered him/her to have a view to his/her own self-defense, and thus, he/she is not required to repeat the crime, such as poor criminal attitude, causing the victim to feel sexual humiliation and mental suffering, reflect on the crime, and receiving counseling treatment by himself/herself;

In order to prevent recidivism, a fine is imposed in consideration of the fact that the victim agreed to pay the agreed amount, the fact that there is no criminal history, and other sentencing conditions, and the defendant is ordered to complete the sexual assault treatment program in order to prevent recidivism.

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