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(영문) 인천지방법원 부천지원 2017.02.01 2016고단3386

공연음란

Text

A defendant shall be punished by imprisonment for four months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 26, 2016, the Defendant: (a) laid down a brupter and laid down a brupter, which was suffering by a large number of unspecified people in the E-2 floor located in Seocheon-si D around 17:30 on September 26, 2016.

The public made a patent obscene act by means of shakings.

[Defendant and defense counsel asserted to the effect that the defendant was in a state of mental and physical weakness due to mental disorder at the time of the crime of this case. However, according to the records, although the defendant appears to be suffering from mental disease accompanied by the shock adjustment problem, the defendant did not have the ability to discern things or make decisions, or was in a state of loss.

As such, the defendant and his defense counsel's above assertion is without merit) summary of evidence

1. Statement by the defendant in court;

1. A summary statement of the witness;

1. Application of video Acts and subordinate statutes to criminal video CDs;

1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Circumstances favorable to the reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order: (a) the Defendant appears to have led to the confession of the instant crime and his mistake, and the Defendant’s mental disorder seems to have influenced the instant crime to a certain extent; (b) considering the Defendant’s legal and investigative authority’s attitude to make statements, etc., it appears that the Defendant is clearly aware of his/her behavior at the time of the instant crime; and (c) the Defendant was sentenced to imprisonment for two years and six months, and four years, with prison labor for a crime similar to the instant crime, and for four years, for suspension of execution, and was sentenced to a fine for obscene acts at a bus stop in around 2015.