beta
(영문) 울산지방법원 2015.05.28 2015고단289

공연음란

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

피고인은 2014. 11. 4. 08:20경 울산 중구 남외동에 있는 병영사거리 버스정류장 승객 대기 박스 뒤에 쭈그리고 앉아 자신의 성기를 바지에서 꺼내어 앞뒤로 흔드는 방법으로 자위행위를 하였다.

As above, the Defendant openly obscenity in a public place with a large access to people.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to criminal papers, internal investigation reports (in the event of arrest of a suspect), internal investigation reports (in the event that an investigation is conducted to capture a obscenity photograph), investigation reports (in the event that a suspect has committed a crime, photograph photographs worn at the time of the crime), investigation reports (in the event of arrest of a suspect), and criminal investigation reports (in the event

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that it appears that the psychological shock suffered by the witness of this case would have been considerable to the defendant’s disadvantage.

Provided, That the same sentence as the order shall be determined by comprehensively taking into account the circumstances favorable to the defendant, such as the fact that the defendant is led to confession and reflect, the fact that there is no record of other crime except for the history of fine once drunk driving, and the age, character and conduct, family relationship, the circumstances of this case and the circumstances after the crime, etc., and the conditions of various sentencing