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(영문) 울산지방법원 2017.03.30 2016고단4183
공연음란
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On January 2016, the Defendant found D (tentative name) on the front of the “C cafeteria” road located in Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-do, Seoul-do, the date of which is 08:40,000, and removed from the place of origin.

The act of obscenity was openly obscenity by scambling with hand and self-defense.

2. After the Defendant committed the crime of paragraph 1, the Defendant discovered that D (tentative name) was derived from the front of the “F” main point located in Nam-gu, Nam-gu, Nam-gu, U.S. E at a 08:40 on January 1, 2016 and publicly made a obscene act in the same manner as Paragraph 1.

3. After the date and time indicated in paragraph 2, the Defendant discovered that D (tentative name) was derived from the road front of the “H store” located in Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-do, “H store,” and publicly conducted obscene acts in the same manner as Paragraph 1.

4. On November 7, 2016, around 08:48, the Defendant: (a) reported D (tentative name) to the front of the main point of “J” located in Ulsan-gu I; and (b) laid his hand into the front of “J”, thereby openly committing an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Report of internal investigation (including the report of internal investigation and CCTV analysis, etc.) (including the list of processing the case of 112 reported, each photograph), report of internal investigation (including each photographic image analysis and attachment) (including each photographic image analysis and attachment) and report of investigation (including attachment of photographs to the place of crime on January); the application of Acts and subordinate statutes;

1. Article 245 of the Criminal Act, the choice of imprisonment and punishment for the crime;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed against a specific person. As such, the Defendant committed repeatedly a crime against a specific person. As such, the victim’s occurrence of serious apprehensions and sense of sexual shames for a considerable period of time is not easy. As such, sexual assault against a specific person may cause emotional harm not to be committed in general, and the victim’s emotional harm appears to be considerable.

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