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(영문) 울산지방법원 2019.07.25 2019고단1417
공연음란
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At around 01:20 on April 7, 2019, the Defendant: (a) reported the appearance of the victim C (at the age of 16) coming on the roads near the sign stone B in Yangsan-si; (b) and (c) made him/her down on his/her her flash with his/her flash and became his/her son’s son.

Accordingly, the Defendant publicly committed an obscene act.

2. On April 8, 2019, around 21:54, the Defendant: (a) seeed the appearance of Victim E (Woo, 29 years of age) in front of the kindergarten located in Yangsan-si D; and (b) seeed that the Victim “I am I am I am I am I am.”; and (c) seeed the Victim’s will toward the Victim, and her sexual organ as his hand.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning C, E, and F;

1. Application of CCTV photographs and on-site photographs statutes;

1. Article 245 of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

1. The sentencing of Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed repeatedly despite the fact that the Defendant had been punished for the same kind of crime for the reason of the sentencing of the above Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed repeatedly. On the other hand, the Defendant’s age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, and other conditions of the sentencing indicated in the record such as the Defendant’s age, occupation, personality and conduct, family relation, living environment, circumstances leading to the crime, etc.

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