(영문) 울산지방법원 2015.06.25 2015고단1036

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(영문) 울산지방법원 2015.06.25 2015고단1036

공연음란

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On April 22, 2015, the Defendant: (a) at the front entrance of the apartment in which the victim C (V, 36 years of age) residing in Yangsan City, around 17:00, the Defendant discovered the victim in the previous bus, kiddddddly kidddd the victim, and kiddddddd the victim, and kidddddddd the victim, and kiddddd by the victim, and kidddddddddddd the victim, and kiddd by hand between the victim’s son and the passenger on board the elevator.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to C by the police;

1. A complaint;

1. A generated report, each internal investigation report, each investigation report, an investigation report (as to the depth of a victim), and an investigation report;

1. Three copies of CCTV images, 41 copies of CCTV re-Analysis image photographs, 9 copies of crime preventionCCTV images, 38 copies of on-site inspection photographs, and 4 copies of color photographs worn by a suspect at the time of committing the crime; and

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Although the reasons for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment of Sexual Crimes Committed to Order are the confessions and reflects against the defendant, the above punishment shall be determined by taking into account the following: (a) the same criminal history has six times; (b) the person who was first sentenced to a fine for the same crime during the period of suspension of execution due to the same crime; (c) the victim committed the instant crime against the victim who was aware of children following the victim; (d) the victim’s mental impulse appears to have occurred; and (e) the victim is trying to punish the defendant.

참조조문

-형법 제245조

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