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(영문) 창원지방법원 2019.11.27 2019고단2790

공연음란

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

In the state that the defendant is under the influence of distinguishing things and controlling impulses or making decisions due to his or her on-site illness, the defendant goes back to his or her own body after being off his or her clothes from his or her residence to his or her ‘Dmi-si C and first floor' from his or her residence in Kimhae-si on September 4, 2019 to his or her ‘Dmi-si' in Kimhae-si C and the first floor.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Eight photographs of CCTV images for crime prevention, and one CD for CCTV for crime prevention;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a judgment);

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental illness (as a result, according to the records, the Defendant had been under medical treatment from around 2005 due to her own illness. In light of such Defendant’s medical history, the status of the Defendant at the time of committing the crime, the details and form of the crime, and the circumstances after committing the crime, the instant crime appears to have caused the disease)

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 44-2 (1) of the Medical Treatment and Custody, etc. Act (as stated in the facts constituting a crime in the judgment, the defendant committed a crime punishable by imprisonment without prison labor or heavier punishment, as a mentally handicapped person whose punishment is mitigated pursuant to Article 10 (2) of the Criminal Act. In light of the status of the defendant, details of the medical treatment of the defendant, and the details and details of the instant crime, etc.,

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The grounds for sentencing under 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 Act on Welfare of Persons with Disabilities recognize and reflects the instant crime, and appears to be the crime by mental illness.