beta
(영문) 수원지방법원 안양지원 2014.05.16 2014고단89

공연음란등

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. A public performance and obscene Defendant: (a) around September 12, 2010, around 07:30 on September 2010, 201, reported the victim C (n, 23 years of age) who was mixed with him/her on a alleyway near the Geumdong Sinpo-si, Sinpo-si, Sinpo-si, by reporting the victim C (n, 23 years of age); and (b) carried out an act of self-defluoring sexual organ in a fluorial manner; and (c) committed a publicly obscene act by 19 times in total until September 1

2. Around September 22, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a DYF YF strawing car without a vehicle driver’s license from September 22, 2013 to the vicinity of the training range of the training hall of the YF YF strawing car from the roads front of the 961-1 Trith, Sinpo-si, Mapo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol on C, E, F, G, H, I, J, K, L, M, N, P, Q, R, S, and T;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, Article 245 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment without prison labor;

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

1. The defendant asserts to the effect that the defendant was in a state of mental disability caused by sexual impulse impulse disorder at the time of committing each of the instant public performance and obscenity crimes.

기록에 의하면, 피고인이 이 사건 각 공연음란 행위 이후 지샘 병원에서 성도착증(Paraphilia : Experience of intense sexual arousal to atypical objects, situations, or individuals) 치료를 받고 있는 사실은 인정되나(수사기록 340쪽), 이 사건 각 공연음란 행위의 경위, 수법, 내용, 범행 전후 피고인의 행동 등을 종합하면, 피고인이 이 사건 각 공연음란 행위 당시 사물을 변별할 능력이나 의사를 결정할 능력이 미약한 상태에 이르렀다고 보이지 않으므로, 변호인의 이...