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(영문) 울산지방법원 2013.09.26 2013고단2441

공연음란등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 2013, 2013, the Defendant violated the Child Welfare Act: (a) reported the victim D (V, 9 years of age) in Yangsan-si C Apartment 105-dong Empiz; (b) led the victim to the above victim; and (c) displayed the Defendant’s sexual flag to the victim.

Accordingly, the defendant committed abuse such as sexual harassment that causes sexual humiliation to the victim who is a child.

2. Around 17:10 on April 17, 2013, the Defendant made a public performance and obscenity show the Defendant’s sexual organ, i.e., E (the age of 12) playing together with fluor in Yangsan-si C Apartment 105 and E (the age of 12). A public performance and obscenity committed an obscene act in his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D (n, 9 years of age) and E (12 years of age);

1. Article 71 (1) 2, Article 17 subparagraph 4 of the Child Welfare Act (the occupation of sexual harassment against a child, the choice of imprisonment with labor), and Article 245 of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggregate of the long-term punishments of the above two crimes]

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

1. Probation and order to complete a program, in light of Article 62-2(1) of the Criminal Act, Article 16(2) of the Act on Special Cases Concerning the Punishment of Sexual Crimes, which prevents the formation of a sound sexual consciousness by committing obscene acts against the children unspecified in the reasons of sentencing, and the fact that the same kind of fine is imposed once, etc., a person shall choose to imprisonment with prison labor with prison labor

However, considering the method, frequency, etc. of the instant crime, the execution shall be suspended, but since the risk of recidivism is recognized, probation shall be determined as attached to the probation.