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(영문) 울산지방법원 2017.06.15 2017고단522
공연음란
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On December 13, 2016, the Defendant: (a) requested customers, including women, around the 28th page of “D” PC room located in the Jung-gu Seoul Special Metropolitan City, Ulsan-si, Ulsan-si, the Defendant used obscene video on a computer to adjust the brightness of monitoring screen; (b) accordingly, the Defendant was aware of his body in order to coordinate monitors; (c) the Defendant got out of the body with a seat, and (d) committed a publicly obscenity act, such as engaging in a self-defluencing act by leaving the sexual organ in the left hand.

Summary of Evidence

1. E’s legal statement [ although the Defendant denies the facts charged, the E’s statement that witnesses to the Defendant’s act is specific and detailed, and immediately after the case, the Defendant has very credibility in complying with relevant evidence, such as the F dialogue, etc.];

1. Statement made by the police for E;

1. Report on internal investigation (except for the part recorded in 7 pages of investigation records, E’s statement), and report on internal investigation (field of crime - confirmation of DNA disease);

1. Application of the statutes on photographs, on-site photographs, CCTV photographs, and photographs of the contents ofF dialogues to each scambling;

1. Article 245 of the Criminal Act, the choice of imprisonment and punishment for the crime;

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 is the first offender who has no record of crime.

However, the Defendant repeatedly committed a obscenity act while reproducing obscene videos at a scam room in which female employees are mixed with, and sent a computer screen to the victim E who actually suffered from the doping to view the scene of the act of self-defense. The Defendant attempted to play the same act by reproducing obscene videos in the above scam room after receiving the victim’s claim; the Defendant also attempted to play the same act in the above scam room after receiving the victim’s claim; and the crime of non-scambling is less severe than that of causing sexual assault to the victim by causing sexual humiliation to the victim.

in this section; and

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