공연음란
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant was a person with a intellectual disability of the first degree, who lacks the ability to discern things or make decisions.
"2017 Highest 1486"
1. On March 19, 2017, the Defendant: (a) committed the crime on March 19, 2017, around 06:20, on the street near the D Hospital located in Jeju-si, Jeju-si; and (b) the employees of the above hospital, such as the victim E (in women, 53 years of age), etc., cut out of the hospital’s site at the place where the employees of the above hospital take out of the hospital’s building second floor with the glass window.
By doing so, the act was publicly obscene.
2. On March 20, 2017, the Defendant, at the same place as Paragraph 1, around 06:40, around March 20, 2017, did not cut his/her brightness. < Amended by Act No. 14060, Mar. 20, 2017>
By doing so, the act was publicly obscene.
"2017 Highest 1984"
3. On May 5, 2017, the Defendant, on May 5, 2017, reported that H (18 years old, south) etc. were out of the third floor of the building at G parking lots located in Jeju-si F on May 5, 2017, and even if he reported that H (18 years old, south) etc. were out of the building from the third floor of the building, the Defendant’s brush down the Defendant’s flag.
By doing so, the act was publicly obscene.
Summary of Evidence
"2017 Highest 1486"
1. Statement by the defendant in court;
1. A statement of damage;
1. Relevant photographs "2017 Height 1984";
1. Statement by the defendant in court;
1. Each statement;
1. Notification to a department related to reporting 112 cases;
1. Application of related Acts and subordinate statutes to photographs;
1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;
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 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act on the Protection and Observation, Article 16-4 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [Article 16-2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is Grade I intellectual disability, and an order to attend a course is not imposed pursuant to the proviso to Article 16-2
However, there is a risk of recidivism by the defendant for committing obscenity in a short period of three times or public performance.
Since it is judged, the protection observation shall be ordered.