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(영문) 수원지방법원 2020.01.30 2019고단6040

공연음란

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 16:30 on June 27, 2019, the Defendant, as a level 2 with mental retardation disorder, continuously shown his or her sexual organ at the bus stops adjacent to the area where D (12) and E (13) are reported in Suwon-si, Suwon-si, as well as at around 16:30 on June 27, 2019, and continued to show his or her sexual organ at the bus stops adjacent to the above area.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of one copy of the Act and subordinate statutes to a report on investigation (verification of CCTV image data for crime prevention places), attachment- CCTV for crime prevention (P-3-020) (P-3-020) and a photograph for the closure of video data

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

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

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