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(영문) 서울북부지방법원 2020.12.11 2020고정1441
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

At around 19:30 on July 30, 2020, the Defendant appeared in the “C Park” located in the Jung-gu Seoul Metropolitan Government, and her sexual organ was frighted in the park. D, who had been engaged in the above park, observed it, “I am to come, I am to come, and women and children are on the inside and outside of the park,” and “I am to go off equally. I am back the Defendant’s sexual organ again by turning back his sexual organ back again, and later, upon receiving a report from D’s spouse, I am sexual organ continuously until the police officers are called to the scene.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each of the police statements of E 112 Declarations of Statement, and photographs containing the figures of suspects;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant sent sexual organ to a park used by many unspecified persons and openly committed obscene acts, and its nature is not good in light of the nature of exposure and the method and degree of exposure.

However, the defendant has no record of being punished as a crime of the same kind, and the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the arguments and records shall be determined as ordered by taking into account the following circumstances.

It shall be considered that the defendant's age, family environment, and social relation, records of crimes, details and motive of crimes, methods and results of crimes, risk of recidivism, the disadvantage of the defendant resulting from the employment restriction order and the prevention and effectiveness of sexual crimes that can be achieved by such order.

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