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(영문) 부산지방법원 2019.03.28 2018고단5610
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

On November 10, 2018, at around 01:18, the defendant reported that C(n, 23 years of age) takes a walk on the front side of the Busan Jin-gu B, Busan, and turned out his gender from the front side of the Busan Jin-gu, Busan, to the outside of his gender.

Since then, the Defendant, with a bad hand, carried the victim's left part elbbbow, called " how to move, but I need to do so", and used his sexual organ to show the victim's obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (victim C telephone communications);

1. Application of Acts and subordinate statutes on internal investigation reports (CCTV extract and investigation);

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the crime, the choice of fines;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

4. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

5. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

1. Scope of applicable sentences under law: Fines of 50,000 to 5 million won; and

2. The sentencing criteria are not set for the crimes of this case, for which the sentencing criteria are not set.

The crime of this case shows that the defendant was able to take his sexual organ after following the victim who is mixed with him in the middle of the trial.

Considering the fact that the time of crime is severe and the fact that the victim is driving away from the victim, the nature of the crime is not good.

The victim, who observed the crime of this case, seems to have caused sexual humiliation, maternity, and fear.

The defendant was unable to receive a letter from the victim.

These points are disadvantageous to the defendant.

However, the defendant seems to have committed the crime of this case in a dynamic manner, and recognized that he committed the crime of this case, and divided his mistake.

There is no criminal record against the defendant.

This point, etc.

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