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(영문) 서울남부지방법원 2020.02.12 2019고단4597
공연음란
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

At around 12:20 August 1, 2019, the Defendant made a patent obscene act by openly viewing women's pictures by putting their sexual organ into a 2nd place of the cscam room located on the second floor of Yangcheon-gu Seoul Metropolitan Government building B, and putting in mind women's pictures.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police in relation to D;

1. Application of Acts and subordinate statutes of E;

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 detention in a workhouse (in cases where a sentence of suspension of execution of punishment is invalidated or revoked and a fine is not paid);

1. Article 62 (1) of the Criminal Act;

1. The crime of determining whether an order to register, disclose, or notify personal information is subject to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is an offense provided for in Article 2(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and does not constitute a sex offense subject to the registration of personal information under Article 42(1) of the same Act, and does not constitute a sex offense subject to the disclosure order and notification order provided for in Articles 47 and 49 of the same Act. Thus, the duty to submit

In full view of the Defendant’s age, type and content of the crime, crime process, criminal records, other social benefits expected by an employment restriction order, and the effectiveness of the prevention of sexual crimes, and the disadvantages and anticipated side effects of the Defendant therefrom, etc., it is determined that there are special circumstances in which the Defendant shall not issue an employment restriction order to the child, juvenile-related institution, etc. and welfare facilities for the disabled. Thus, the Defendant is not ordered

The reason for sentencing is that the content of the crime in this case, the degree of public performance, the defendant has no record of criminal punishment, and 3 million won for the victimized women who have observed the obscenity of the defendant.

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