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(영문) 서울중앙지방법원 2020.11.06 2020고단6899

공연음란

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 8, 2020, from around 10:25 to 10:30 on July 8, 2020 to “C” located in Jongno-gu Seoul, Jongno-gu, Seoul, in which employees and customers are viewed, exposed to her sexual organ and her sexual organ, and made a public presentation of her sexual organ by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigative reports on the D's written statement (a CCTV image analysis at the location of the incident);

1. Article 245 of the Criminal Act and Article 245 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that a public performance or obscenity act, in which the defendant goes off within a camera, without any reason, is committed, and the criminal liability in light of the method of the crime is not minor.

However, it appears that the defendant led to the confession and mistake of his own crime, and that the mental illness of the defendant was the cause of the crime of this case. The defendant was hospitalized in a mental hospital during the police investigation process and was hospitalized for a considerable period of time, there is no criminal record, and other circumstances shown in the records and arguments of this case, including the defendant's age, character, character, environment, family relationship, health status, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime, etc., shall be determined as ordered by the disposition.