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(영문) 울산지방법원 2015.01.15 2014고단2821

공연음란

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

At around 11:08 on April 23, 2014, the Defendant reported that the said middle line of the “Yangdong” located in Ulsan-gu, Ulsan-gu, Seoul-gu, was passed by the victim C (30 years of age and female). The Defendant committed an obscene act publicly by making the victim stoping the D vehicle that he/she drives and cutting the front window while driving it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes on the 112 Incident Handling table;

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the crime, the choice of fines;

1. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

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

1. Determination of a reasonable amount of fine shall be made by taking into account the following facts: (a) the defendant with reasons for sentencing under Article 334(1) of the Criminal Procedure Act has no criminal record of the same kind of crime; (b) the defendant has no criminal record other than the fine; and (c)

Since it is recognized that the risk of recidivism is reasonable, the order to complete the sexual assault treatment program is added.