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(영문) 울산지방법원 2021.01.21 2020고단4298
공연음란
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2020 from around 17:30 to 17:40 on the same day, the Defendant open a bus stop of the Defendant to make it possible for many unspecified people using the victim D (n, 26 years of age) and the bus stop at the bus stop in Ulsan-gu B and C community service center, Ulsan-gu, and C community service center to view it as many as possible.

Patently obscene act was done in a way that seems to be seen.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. 112 Reporting case handling table;

1. Internal Report - On-site and CCTV - Monitoring of CCTV for the suspected victim - Specifics of raising the suspect against the victim - Analysis of bus booms that pass through bus stops - Tracking of the suspected victim booms and applying specific laws and regulations.

1. Article 245 of the Criminal Act applicable to the facts constituting an offense and Article 245 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. In full view of all the factors leading to the instant crime on the grounds of sentencing in the main sentence of Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse, the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act, including the background leading up to the instant crime, the content and degree of public performance, the Defendant’s age, environment, circumstances after the crime, and criminal records, the sentence against the Defendant shall be determined as ordered.

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