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(영문) 수원지방법원 안양지원 2014.05.09 2014고단154

공연음란

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In a state that the Defendant lacks the ability to discern things or make decisions due to mental division, according to the doctor E’s opinion, it can be known that the Defendant was suffering from her early illness at the time of committing the instant crime. In full view of the content and result of the instant crime, including the Defendant’s behavior before and after committing the instant crime, and the statement in the oral proceedings, it is recognized that the Defendant had weak ability to discern things or make decisions due to mental division at the time of committing the instant crime.

On January 23, 2014, around 09:10, at Anyang-si, many unspecified persons, such as D, are passing through the street in front of the Gu, and the sexual flag was openly obscene by giving approximately one minute of the sexual organ to D.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the draft D;

1. Article 245 of the Criminal Act applicable to the facts constituting a crime, the selection of a fine (including the fact that there is no record of the same crime against the defendant, and the fact that the victim knowingly submitted a written agreement with the defendant that the victim has a mental illness);

1. Article 10 (2) of the Criminal Act for mitigation of mental illness;

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

1. Although Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order is deemed to lack the ability to discern things or make decisions, the Defendant appears to be able to receive orders in light of the circumstances such as the fact that the Defendant graduated from a general high school and is memorying the receipt of sex education at a school (the title of Investigation Records No. 17) and does not fall under any special circumstance in which order to complete programs is not possible.

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;