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(영문) 울산지방법원 2016.11.10 2016고단2840
공연음란
Text

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

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

Reasons

Punishment of the crime

1. Around December 2015, the Defendant committed a crime: (a) around December 2015, 2015, the Defendant laid off the front door of the first floor of the building located in Ulsan-gu, Ulsan-gu, and other unspecified persons, such as C, which passed from the front door of the building; and (b) laid off the sexual flag in hand and shaking it.

2. Around July 1, 2016, around 08:00 on July 1, 2016, the Defendant publicly committed an obscene act, such as setting aside the Defendant’s sexual organ from the place indicated in the foregoing paragraph (1) and leaving the place to the outside of D and E’s hand, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to 112 reported case processing lists and CCTV images-cape photographs;

1. Article 245 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

1. Article 62 (1) of the Criminal Act (General Considerations as follows);

1. The reason for sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Order to Attend and Probation Sexual Crimes seems to have continued to engage in any similar obscene act for a considerable period other than the instant case, and the fact that the Defendant had been punished for the same kind of crime even before the instant case appears to be in danger of recidivism, etc., shall be determined by taking into account favorable circumstances, such as the fact that the Defendant was committed even when the Defendant was not prosecuted, and that the Defendant has been treated through a specialized medical care institution for his own problem, etc., and the probation is added to supervise the treatment situation.

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