beta
(영문) 울산지방법원 2019.02.14 2018고단3303

공연음란

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On July 2, 2018, the Defendant: (a) 09:05 on July 2, 2018, 2018, the Defendant: (b) unloaded from the way front the Ulsan-gun Bel, Ulsan-gun, to the place, and was committing self-defense after exposing the sexual organ.

Accordingly, the Defendant publicly committed an obscene act.

2. On September 18, 2018, at around 08:25, the Defendant: (a) unloaded from the roads front of Ulsan-gun, Ulsan-gun, to the direction of E (n.e., 45 years old); (b) was exposed to sexual organ; and (c) committed self-defense.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C and E’s written laws and regulations;

1. Article 245 of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

1. Probation, community service, and lecture attendance order under Article 62-2 of the Criminal Act, Article 16(2) and (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, despite the fact that the reason for sentencing has served as a single criminal act committed by the defendant, the fact that the defendant has been tried not to repeat again after committing the crime of this case. On the other hand, considering the defendant's age, occupation, character and behavior, family relation, living environment, circumstances leading to the crime, circumstances after committing the crime, etc., the sentence identical to the order shall be determined, and the execution thereof shall be suspended, and probation, community service, and lecture attendance order shall be ordered to prevent recidivism, etc.