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(영문) 울산지방법원 2017.09.07 2017고단2457
공연음란등
Text

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

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

Reasons

Punishment of the crime

1. On April 27, 2017, the Defendant of a public performance obscenity: (a) at the main point of “D” located in Yangsan-si, Yangsan-si (hereinafter “D”); (b) performed an obscene act by openly displaying the sexual organ so that the said female employees can see, without any justifiable reason, while drinking alcohol and drinking alcohol in accordance with E (n.e., 25) and F (n., age 21).

2. The Defendant, at the time, at the time, and at the place specified in the above Paragraph 1 above, destroyed the Defendant’s property damage by breaking the victim G, who was the owner of the business at the said place, with the words “A” spawn by drinking alcohol, and spawn, and spawn up the market value of 48,00 won in front of the toilet.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. CCTV images;

1. Application of the receipt statute

1. Article 245 of the Criminal Act, Article 366 of the Criminal Act, and the selection of a fine for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reasons for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to order to complete a program are that the defendant shows his/her sexual organ to female employees and caused damage by breaking the beer and destroying the beer in a main shop demanding the eviction, and that the case may be light in that the defendant did not receive a letter from the victims.

However, in consideration of the fact that the defendant is a criminal act committed by the defendant against employees, etc. under the influence of alcohol, the degree of damage is not significant, and there is no record of punishment for the same kind of crime, the punishment as the order shall be determined.

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