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(영문) 울산지방법원 2017.05.25 2016고단2918

공연음란

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2016 Highest 2918] On August 10, 2016, the Defendant: (a) on the front day of “D convenience store” located in Ulsan-gu, Ulsan-gu, Seoul-do, 01:40, the Defendant: (b) reported that C is working as mixed at the above convenience store; (c) carried panty; and (d) carried a matter into the above convenience store for calculating the sex into the above convenience store; and (c) carried a fluor with a sexual organ, and thereby openly obscene act by exposing the Defendant’s sexual organ to the Defendant’s sexual organ.

【2016 Highest 3115, Jun. 30, 2016, the Defendant openly seeed “F” (n, 21 years old) in front of “F” located in Ulsan-gu, Ulsan-gu E on June 30, 2016, and publicly conducted obscene acts by exposing his/her sexual organ and clothes to G.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. C’s statement;

1. Application of the Acts and subordinate statutes governing CCTV images;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against the victimized women who are convenience stores, and the defendant committed repeatedly the crime directly against the victimized women who are convenience stores, and the interview and interview under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Victims, appears to have received considerable sexual humiliation and mental impulses, and the above victimized women are likely to receive considerable sexual humiliation and mental impulses as a result of such interview and interview, taking into account all other circumstances, including the defendant's age, sex, family relationship, family environment