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(영문) 울산지방법원 2017.08.25 2017노785
공연음란
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendant by openly obscenity by reproducing obscene videos in the PC room, and exposing female employees by dopingly coordinating the computer screen to view them as a host. The Defendant’s crime appears to have caused considerable fear of fear and sexual humiliation as a result of the Defendant’s crime, etc., which is disadvantageous to the Defendant.

However, the defendant seems to have committed the crime of this case when it comes to the trial for the first time, and the defendant is the first offender who had no record of criminal punishment before committing the crime of this case, and the above victim does not want the punishment against the defendant in consultation with the female employee at the trial for the actual victim of the crime of this case. Considering the defendant's age, sexual behavior, environment, motive and circumstance of the crime, method and result of the crime, etc., the court below's punishment is somewhat inappropriate and it is recognized that the defendant's above assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description in each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. Various parts of the judgment on the grounds for sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed against the Order to Attend Course are the same.

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