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(영문) 창원지방법원 거창지원 2018.05.02 2018고정20

공연음란

Text

The sentence of sentence against the defendant shall be suspended.

To order the accused to undergo a protective observation for a period of one year.

Reasons

Punishment of the crime

The Defendant, in a state where the ability to discern things or make decisions is weak due to mental or physical disorder, such as a stimulative disorder, committed a publicly obscenity act as follows.

1. On July 3, 2017, around 13:40 on July 3, 2017, the Defendant committed the crime against the victim B, who was located there, is a need to keep the victim B (here, 62 years of age) from the front day of the Gohap-gun, Gohap-gun, Chungcheongnam-gun.

The term “patently obscenity was made by unloading her sexual organ and exposing her sexual organ.”

2. On July 4, 2017, around 07:30 on July 4, 2017, the Defendant committed a publicly obscenity act by unloading from the victim D (V, 52 years of age) located at the △△ Group E located in Gohap-gun, Chungcheongnam-gun, and making a public obscenity act by viewing his sexual organ from his own origin.

3. On July 4, 2017, around 12:00, the Defendant committed a publicly obscenity act by getting out of the victim F (n, 71 years of age) the victim F (n, g1 years of age) at a house located in Mancheon-gun C, Nam-nam-gun, and showing his sexual organ out of the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B, D, and F;

1. Application of Acts and subordinate statutes to investigation reports (investigation into obscenity);

1. Article 245 of the Criminal Act and the choice of fines for the crime; Article 245 of the Criminal Act and the choice of fines for the crime;

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act (one-day conversion amount: 100,000 won);

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

1. A fine of three million won to be suspended;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (the fact that the defendant is recognized as a principal offender, the mental and physical weakness at the time of committing the crime appears to have been in a state of mental and physical weakness at the time of committing the crime, and its own efforts to improve character and behavior, such as receiving hospitalized treatment after