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(영문) 부산지방법원 동부지원 2018.06.08 2018고단131

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 December 2, 2017, from around 08:50 to around 09:20 on the same day, the Defendant: (a) around Busan Shipping Daegu C, and (b) opened a brush and opened a brush with his mind and body due to the mental delay, and (b) opened a brush with his hand, and (c) openly obscene act by openly brupting the sexual organ on several occasions under the brush.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment of a photograph of image materials), a photograph by cutting down a course, a criminal investigation report (report on the implementation of video recording), and a criminal investigation report (Attachment of a report on the same type of force

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (2) appears to have affected the occurrence of the instant case, considering the environment of the Defendant, sexual behavior, etc

1. Article 62-2 (1) of the Criminal Act on the observation of protection;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete a program (in light of the defendant's intellectual impairment degree, etc., it is difficult to achieve the effect of preventing recidivism of sexual crimes by completing a

Since it is judged, there are special circumstances where it is impossible to impose orders to complete programs.