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(영문) 대구지방법원 포항지원 2017.07.05 2017고정125

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

On November 4, 2016, the Defendant: (a) was a third-class person with intellectual disability without a certain occupation; (b) took one’s own view of the nameless female students playing in the school playgrounds at the north-gu, Mapo-si, Mapo-si, Mapo-si; and (c) took one’s own view of the nameless female students playing in the school playgrounds; and (d) committed openly obscene acts by booming the sexual organ with his hand.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Application of Acts and subordinate statutes of E;

1. Relevant legal provisions concerning criminal facts, Article 245 of the Criminal Act of the choice of punishment, and the selection of a fine (including the fact that the defendant is a recipient of basic living of Grade III intellectual disability, volunteer service at the Association of Disabled Persons, and has the branch of the police, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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