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(영문) 울산지방법원 2017.08.24 2017고단2098

공연음란

Text

A defendant shall be punished by imprisonment for four months.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 20, 2017, the Defendant was sentenced to 8 months of imprisonment with prison labor or 2 years of suspended execution due to a special injury at the Ulsan District Court, and the judgment became final and conclusive on the 28th of the same month.

On April 19, 2017, the Defendant was placed at the front of the Southern-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City, and at the front of the CM3 car while operating the CM3 car.

D (W) discovered the age of 21) and causing sexual impulses, thereby putting off the driver’s seat and chief windows of the vehicle, putting off the fluor and knites, and knicking them off, so that they can see the inside of the vehicle, and then sexually harming the self-defense by using knicking and shaking their sexual organ by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. CCTV images;

1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;

1. Article 245 of the Criminal Act, the choice of imprisonment and punishment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to complete a program is that the defendant used a specific female as a subject of the crime and committed an act of acting in person with his/her clothes, and the above female, who is in the actual position of the victim, seems to have been suffering from fear of considerable fear and sense of sexual humiliation. The above case was committed on the day before the pronouncement of the criminal case in relation to himself/herself, which the defendant is expected to have a high level of self-esteem, and it is inevitable to punish the defendant as to the defendant due to poor circumstances after the crime, such as the circumstance of the crime and the fact that the defendant did not properly reflect on the crime,

However, it is advantageous to the fact that the defendant shows the attitude to recognize and reflect the crime late, the fact that there was no same record before the case, and the fact that the judgment should take into account the equity between the case and the case where the judgment was rendered concurrently with the case which became final and conclusive.