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(영문) 울산지방법원 2017.07.06 2017고단1389
공연음란
Text

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

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

Reasons

Punishment of the crime

On February 9, 2017, the Defendant, while drinking alcohol in a room of female body of the third-story C in Ulsan-gu, Ulsan-gu, Busan-gu, on February 21, 2017, went through a publicly obscene act by openly communicating the victim D (age 36) with his body while complying with it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to E and D;

1. Application of Acts and subordinate statutes to a report on investigation (on-site photographs of women's waters);

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. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, is that the defendant satisfy inside the body of the female body used by the general public and inflicted considerable fears and sexual humiliation on the victim who observed the body.

However, in consideration of the fact that the defendant was off of clothes and entered into the body of a female body, under the influence of alcohol, and appears not to have been for active sexual purposes against women, this court has recognized the responsibility for and against his behavior in this court, and without the same kind of force, etc., the punishment shall be determined as ordered by the Disposition.

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