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(영문) 울산지방법원 2016.05.03 2016고단388

공연음란

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, at around 14:10 on December 22, 2015, at C convenience stores located in Yangsan-si B, set off a brush and down a brush while complying with D (V, 19 years of age) who is an employee, and cut off the brush.

In addition, the act was committed by the person who committed the act, and was exposed to the sexual organ, and was publicly obscene by calculating the amount of drinking water.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report internal investigation (the printing of screen pictures of crime scene);

1. Article 245 of the Criminal Act and the selection of fines concerning the facts constituting the crime;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act - The crime of obscenity of this case is committed directly against the female employees aged below the age within the convenience store. Since sexual assault also leads to sexual humiliation and mental impulses that are not committed by ordinary indecent acts, it is recognized that it is necessary to punish the victim - The circumstances in which the victim actually seems to have considerable mental impulse and damage appraisal are deemed to be reasonable: Provided, That the defendant is against the crime, the first offender who has no criminal history, and the crime is deemed to be a single single criminal act that is committed dynamicly.