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(영문) 대전지방법원 2015.06.03 2015고단1170

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

The defendant committed the following crimes under the status that he/she has a weak ability to discern things or make decisions due to a editorial colonies:

1. On March 29, 2015, the Defendant committed a publicly obscenity act in the manner of openly displaying the Defendant’s body for about five minutes to an unspecified number of people passing along the distance, who are under the influence of alcohol, in the presence of “D” in Seo-gu Daejeon, Seo-gu, Daejeon, Daejeon, about March 29, 2015.

2. On April 10, 2015, the Defendant committed a publicly obscenity act in the manner of openly displaying the Defendant’s body for about five minutes to an unspecified number of people passing along the distance from the body of the Defendant, while under the influence of alcohol, around 13:30 on April 10, 2015, in the presence of Seo-gu Daejeon, Seo-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, G and H (Evidence Nos. 3, 4, 5, 9, 10);

1. Report on the occurrence of each case;

1. Application of Acts and subordinate statutes to photographs of a suspect who is off his/her clothes;

1. Relevant Articles of the Criminal Act and Articles 245 of the Criminal Act concerning the crimes;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria are not set for each crime in which the sentencing criteria are applied;

2. In addition, social ties are clear, such as the defendant's age, character, conduct and environment, etc., in addition to the records of this case, such as the fact that the defendant appears to have the light that the defendant committed each of the crimes of this case in a state of mental and physical disability, that the defendant resulted in each of the crimes of this case in a state of mental and physical disability, that the defendant has no criminal record, that the defendant's family has been making efforts to prevent recidivism and treat mental illness