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(영문) 울산지방법원 2017.02.09 2016고단3664
공연음란
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 8, 2016, the Defendant: (a) was released from the injured party C (n, 38 years of age) at the beauty room operated by the victim C (n, n, and 38 years of age) in Yangyang-si B, Yangyang-si on September 12, 2016; and (b) laid the spherb, sphere, with the sphere,

The act of assaulting sexual organ with his hand was openly obscene by doing so.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 245 of the Criminal Act, the choice of imprisonment and punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of the sentencing of Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attending shall be committed in the beauty room operated by women by opening a salley and an interview with one’s sexual flag and leaving the sexual flag in a sofacion; and

As a result, the above acts of self-defense are committed, sexual assault committed against a specific person also causes a considerable sense of sexual shame to the victim as in general coercions, and the defendant's defendant is unable to see the crime as contingent, such as repeated sexual impulses or exposure to sexual organ at the beauty room by drinking the beer who had been killed in advance at the above beauty room, and it seems that the victim caused serious mental shock and twit, and there is no considerable measure or agreement to recover damage, etc. It seems that the defendant is recognized and against the crime, and the fact that there is no sufficient force on the defendant, etc. are considered as favorable circumstances, such as the defendant's age, sexual behavior, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc., and the punishment shall be determined as per the order, taking into account all the other circumstances, such as the defendant's age, sex, family relation, home environment, motive and means of the crime, etc.

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