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(영문) 대구지방법원 서부지원 2015.02.12 2014고단1739

공연음란

Text

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

In the state of having weak ability to discern things or make decisions due to mental fissions, etc., the Defendant committed an obscene act by openly taking advantage of one’s own sexual organ by taking out his or her sexual organ from the sperm in the children’s park located in Daegu-gu, Daegu-gu, on August 13, 2014, and by taking out his or her sexual organ in his or her hand, while viewing that the neighboring residents in the name in B, etc. are in the middle-gu, Daegu-gu, 160.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to an investigation report (a summary of telephone statement of a shot person);

Article 1. Relevant Articles of the Criminal Act and Selection of Punishment)

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Procedure Act Article 333 (1) of the suspended execution;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that is subject to the registration and submission of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated

In light of the contents of this case’s order of disclosure or notification of personal information and the defendant’s mental health status, etc., it is determined that there are special circumstances that the disclosure or notification of personal information should not be disclosed or notified. Thus, the defendant is not ordered to disclose or notify