beta
(영문) 울산지방법원 2016.10.20 2016고단654

공연음란등

Text

A defendant shall be punished by imprisonment for not less than five months.

The defendant shall be ordered to complete a sexual assault treatment program for 16 hours.

Reasons

Punishment of the crime

1. Around 13:30 on March 4, 2016, the Defendant was in a public performance and obscene act of openly imprising the disturbance by getting off all the fluents and lowers, which were under the influence of alcohol in front of “Dcafeteria” located in Ulsan-gun C, Ulsan-gun, and 10 minutes, to an unspecified number of people passing through the place.

2. Around 13:45 on March 4, 2016, the Defendant: (a) displayed the Defendant’s body f (24 years old), who was a brue f (year 24 years old), was off with both the upper and lower sides, as prescribed in paragraph (1) on the street in front of Ulsan-gun Egra, Ulsan-gun; (b) introduced himself as a brue for organized violence and distribution; and (c) introduced him as a brue fluor; and (d) changed tobacco; (b) however, the Defendant refused the Defendant, while taking the brue, assaulted the victim’s flag and bruing him.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Application of each statute on photographs;

1. Relevant Article 245 of the Criminal Act, Article 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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

1. In the case of a public performance or obscenity crime on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, it is close to the failure and disturbance in the state of being committed more than a typical sex offense. In particular, the crime of this case is committed by the Defendant without being aware of it during the suspended execution period due to the same kind of property damage and interference with business, etc., while the crime of this case is committed, it is unfavorable. However, the Defendant is in profoundly against the crime, and the existence of serious proof of alcohol suffered by the Defendant appears to be the cause of repeated crime. Accordingly, it is more favorable to the Defendant’s efforts to improve character and behavior, such as receiving treatment at a specialized hospital.