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Reasons
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(영문) 울산지방법원 2019.10.31 2019고단2486
공연음란
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A defendant shall be punished by imprisonment for four 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

On March 13, 2019, the Defendant: (a) 08:50 on March 13, 2019, from around 09:10 to around 09:10 on the same day, she was self-defined from the paths up to the rear door of Chigh School located in Ulsan-gun B, Ulsan-gun, and her sexual organ taken out, and she took part in D (16 years of age), E (n, 16 years of age).

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. Application of Acts and subordinate statutes, such as CCTV photographs;

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

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses;

1. Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities, despite the fact that the reason for sentencing was punished as the same criminal acts of the same kind as the defendant, the crime in this case is not good for the crime of public performance and obscenity committed against the minors in this case; on the other hand, the fact that the other party to the crime agreed to have the parents of the minor, and that the other party to the crime agreed to have only the parents of the defendant, and the conditions of the sentencing indicated in the records, such as the defendant's age, occupation, character, family relationship, living environment, circumstances leading to the crime, etc., shall be determined as the order and the execution shall be postponed

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