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(영문) 울산지방법원 2017.02.16 2016고단3851
공연음란
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 19, 2016, around 15:40, the Defendant publicly committed an obscene act by reporting that three female members, such as Ma, etc. go from the “C Park” mountain street located in Yangsan-si B, Yangsan-si, by committing an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of each statute of the D and F

1. Article 245 of the Criminal Act and the selection of fines concerning the facts constituting the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant, on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, does not take action against the victims in mountain trails;

It should be taken into account that the victims have a considerable sense of sexual humiliation by active means of self-defense, and that it infringes the peace in the daily life of the general public, but it is unfavorable for them to commit the crime, and that it is a first offender who has no record of crime, etc.

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