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(영문) 울산지방법원 2016.03.31 2015고단3256
공연음란
Text

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

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

Reasons

Punishment of the crime

피고인은 2015. 9. 19. 23:00 경 경남 양산시 B 아파트 107동 지하 1 층 현관에서 엘리베이터를 타기 위해 기다리고 있던 피해자 C(35 세), 피해자 D( 여, 35세) 의 앞에서 피해자 D을 향해 “ 언니 짱” 이라고 말을 하며 바지와 속옷을 내려 엉덩이와 성기를 꺼내

The patently shown obscene act was conducted.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement [The Defendant alleged to the effect that he was in a state of mental or physical loss or mental weakness by drinking alcohol at the time of committing the instant crime, but according to the aforementioned evidence, it is not recognized that the Defendant had no or weak ability to discern things at the time of committing the instant crime.]

Application of Statutes

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

1. Article 70(1) and Article 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. In light of the reasoning for sentencing of Article 334(1) of the Criminal Procedure Act, it is not good for a crime to be committed in light of the contents of the act of sentencing, but it is a crime by drinking only, the defendant is seriously against the crime, and the defendant is a primary offender who has no record of the crime.

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