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(영문) 울산지방법원 2021.02.04 2020고단4479
공연음란
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 2, 2020, the Defendant was sentenced to five months of imprisonment with prison labor for obscene crimes at the Ulsan District Court for a public performance and appealed on the 10th of the same month, but the appeal was withdrawn on the 10th of the same month, and the execution of the sentence was terminated by being released on the 12th of the same month in accordance with the decision of revocation of detention at the same court after the said judgment became final and conclusive. On November 12, 2020, the Defendant was sentenced to two years of suspended execution and fine of five hundred thousand won in imprisonment with prison labor for the same offense at the same court, and that judgment became final and conclusive on November 2

1. The Defendant committed the crime on August 2, 2020: (a) around 2020, at around 21:43, around Ulsan-gu B, Ulsan-gu, the Defendant opened a bridge of the Defendant and opened a fryer and frying sexual organ, and opened a school or a private teaching institute school and opened a school in Ulsan-gu, Ulsan-gu; and (b) concealed any female students who passed the school at that place after drinking them with the intent to commit the act of self-defense; (c) while the students are viewed to walk in the future of the students who passed the school at that place, there are many persons, including D (17 years old), E (16 years old), etc., with the intention to commit the act of self-defense.

2. On August 26, 2020, the Defendant openly committed an obscene act in the above place around August 26, 2020, when many people, including F (F) and G (F (17) in the said manner, around August 26, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, and F;

1. Each photograph;

1. Inquiry about criminal history, current status of personal confinement, and application of judgment-making statutes;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing in the main sentence of Article 56(1) of the Act on the Protection of Children against Sexual Abuse and Article 59-3(1) of the Welfare of Persons with Disabilities Act is the defendant being tried for the same type of repeated crime and for the same crime.

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