(영문) 울산지방법원 2015.07.09 2015고단857

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자간(%)

(영문) 울산지방법원 2015.07.09 2015고단857

공연음란

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 15, 2015, at around 14:26, the Defendant: (a) committed an obscene act by openly putting the sexual organ in front of the parking lot by her knick-gun, Ulsan-si, Ulsan-si, with her knick, and her knick, and continuously her at the same place on the same day at around 14:32 of the same day; (b) her knick-do, with his knick, and her knick-do, with his knick-do’s knick at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to a criminal investigation report (investigation into the confirmation of images of a monitoring camera, each photograph);

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act for the sentencing of the instant case on the grounds of the provisional payment order is deemed to have received a considerable mental impulse. However, considering the fact that the Defendant led to confession and reflects, and that the Defendant has no other criminal records in Korea, such punishment shall be determined as above.

In principle, orders to complete a program shall be concurrently imposed to the accused who committed a sexual crime of the judgment on whether to impose an order to complete a program, so long as the accused is convicted of a fine, the crime of this case is deemed to have been committed contingent, and thus it is difficult to deem that the accused is in danger of repeating a crime. In full view of the Defendant’s age, occupation, circumstances before and after the crime, and other factors such as the Defendant’s disadvantage and anticipated side effects, it is reasonable to deem that there are special circumstances that the Defendant may not be concurrently imposed orders to complete a program on the accused. Thus, the order to complete a program is not concurrently imposed pursuant to

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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