logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.11.06 2014고단2532
공연음란
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

피고인은 2014. 4. 1. 15:25경, 양산시 남부동에 있는 동원로얄듀크아파트 앞 놀이터 내 원통형 터널 안에서, 피해자 B(여, 10세)와 C(여, 10세)가 미끄럼틀 위에 있는 놀고 있는 것을 보고 순간적으로 욕정을 일으켜 자신의 성기를 꺼내 손으로 잡고 흔들어서 공연히 음란한 행위를 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B and C;

1. Application of statutes on site photographs;

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning criminal facts and the choice of fines;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1), committed the instant obscene act in front that elementary school students play in the play place at a lower level is hot.

However, in light of the fact that there was no previous conviction subject to punishment at the time of the instant case, that there was agreement with some victims, and that the judgment on sexual crimes committed by the Defendant after the instant case appears to have already been considered in sentencing, a reasonable amount of fine shall be selected.

Since it is recognized that the risk of recidivism is reasonable, the order to complete the sexual assault treatment program is added.

arrow