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(영문) 울산지방법원 2020.10.15 2020고단2101
공연음란
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 22:50 on April 26, 2020, the Defendant committed an obscene act openly by making a man-defluencing the sexual organ by getting out of being observed by women, exposing their sexual organ, and exposing her sexual organ, at the street near the entrance of Ulsan Jung-gu apartment site B.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. Application of the 112 Reporting List and CCTV-related Acts and subordinate statutes for crime prevention;

1. Article 245 of the Criminal Act applicable to the crimes and Article 245 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The Defendant committed the instant public performance and obscenity crime on the grounds of sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, despite the same criminal records.

In full view of all the factors leading to the instant crime, including the background leading up to the instant crime, content of obscene act, Defendant’s age, environment, and circumstances after the instant crime, the sentence against the Defendant shall be determined as ordered.

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