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(영문) 울산지방법원 2014.10.02 2014고단1896
공연음란
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On May 23, 2014, at around 20:30, the Defendant discovered that two persons, such as D (n, 17 years of age), around C in Yangsan City, walked out the sexual organ, displayed the bomer, followed up the bus stops near the bus stops by two persons, such as D, etc., and laid down the bomer again, and carried the bomer into hand, and carried out an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Article 245 of the Criminal Act applicable to the crimes;

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

1. The sentence of Article 62-2(1) of the Criminal Act, Article 16(2) of the Act on Special Cases Concerning the Punishment of Sexual Crimes requires the choice of imprisonment with prison labor due to the following extenuating circumstances: (a) the accused may have the same criminal records; (b) the shock and fear of the victimized female students to meet one’s own sexual satisfaction; and (c) the victimized female students provided sexual humiliations to the victimized female students by committing obscene acts depending on their own obscenity.

However, the execution of punishment shall be suspended by taking into account the fact that the defendant commits a mistake and is receiving a mental treatment, etc., but the risk of recidivism is deemed to be reasonable, so the probation and the attendance order of sexual assault therapy shall be added and the punishment shall be determined as set forth in the text.

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