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(영문) 울산지방법원 2015.10.08 2015고단1771

공연음란

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On May 27, 2015, at the edge of a road in Ulsan City B, the Defendant confirmed that the victim D (n, 16 years old) who is a female high school student go to a bus stop in order to walk to a school, and operated a car by driving the E white franchise owned by the Defendant, thereby complying with the victim. The Defendant stopped the said vehicle by waiting for the signal of the victim to cross the road on the front crosswalk, and stopped the said vehicle and stopped the said vehicle on the front crosswalk, took the front window of the said vehicle, seeing the victim himself by shakinging his hand, and then putting the Defendant’s boom and booming the sexual flag with his hand.

2. On June 12, 2015, the Defendant: (a) around 06:57, at the same place as above, committed an act of leaving the victim D’s sexual organ in his/her hand and shaking it.

Accordingly, the Defendant made a patently obscene act two times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the issuance of cases of public performance and obscenity;

1. Application of Acts and subordinate statutes to photographs of suspected vehicles;

1. Relevant Articles of the Criminal Act and Articles 245 of the Criminal Act concerning the crimes;

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

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

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

1. The Defendant committed the instant crime against the same victim on two occasions with the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the fact that the victim appears to have suffered considerable mental impulse due to the instant crime is disadvantageous to the Defendant.

However, the circumstances that are favorable to the defendant, such as the fact that the defendant is against the defendant, that the defendant has no criminal history for the same kind of crime, that the defendant has no criminal history for one time due to drinking driving in 2003, and that there is no other criminal history.