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집행유예
(영문) 울산지방법원 2020.6.11.선고 2019고단4830 판결
공연음란
Cases

2019 Highest 4830 Public performance obscenity

Defendant

Ph. R.D. (G.) South 84. Life

Residential Ulsan

Prosecutor

Kimma-ro (prosecutions) and Park Jin-Jin (public trial)

Imposition of Judgment

June 11, 2020

Text

Defendant B shall be sentenced to six months of imprisonment: Provided, That the execution of the above sentence shall be postponed for two years from the date this judgment becomes final and conclusive. The order of Defendant to provide community service for 160 hours and take lectures for sexual assault treatment for 40 hours shall be issued to Defendant. The order of employment restriction shall be issued to child and juvenile-related institutions, etc. and welfare facilities for disabled persons for each three years to Defendant.

Reasons

Facts of crime

Defendant: (a) around 17:40 on June 8, 2019, at a point of 00 CU convenience 00, U.S., Ulsan-gun, U.S., U.S., U.S. ○○○○○ 00, U.S., U.S., and caused a female to feel sexual humiliation by taking his sexual organ into consideration at a place where the victim is deemed to have been sexualized. Accordingly, Defendant committed a publicly obscenity act at a free business store where multiple unspecified people’s access to the same is free.

The summary of evidence (to be omitted)

Application of Acts and Subordinate Statutes

1. Relevant provisions concerning criminal facts;

Article 245 of the Criminal Code, Selection of Imprisonment

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Article 16(2) and (4)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes against Child and Juvenile Subject to Employment Restriction Order, main sentence of Article 56(1) of the Act on the Protection of Children and Juvenile from Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Law No. 15904, Dec. 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, Defendant 1 was aware of sexual organ before the 19-year-old female suffering from the 19-year-old sexual organ at the convenience store, and the victim was subject to severe mental impulse due to the Defendant’s instant crime, and the victim was wanting to make a strict punishment against the Defendant. The victim took note of the same type of crime without any criminal history, and the Defendant’s overall sentencing conditions, such as the Defendant’s age, occupation, and environment, as the order to the Defendant.

Judges

Judges electrical interest

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