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(영문) 광주지방법원 목포지원 2015.05.01 2015고단267

공연음란

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 27, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and completed the execution of the sentence in the Southern Prison on December 13, 2014.

On March 10, 2015, around 11:35, at the “D” convenience store located in the Southern-gun, Chungcheongnam-gun, Seoul-do, where E, F, and G were in the place where the Defendant was in possession of the goods, and there was a customer who visited the convenience store for the purpose of fraud, the Defendant committed an obscene act by openly putting the Defendant at the view of E in a state where he lacks the ability and ability to decide on the ability to discern things with the net type of flick-type type, and flicking the sexual organ for about 10 minutes, and committing a self-defense act.

Summary of Evidence

1. Statement to E by the police;

1. A H statement;

1. Previous convictions indicated in judgment: Criminal records, - written judgments and summary orders, - status of personal identification and confinement;

1. The point of mental and physical disability: In full view of the judgment and summary order, the circumstances leading up to the crime, the defendant's speech and behavior after the crime, etc., it is recognized that the defendant committed the crime in this case in a state that the defendant has an ability to discern things or make decisions due to the mental illness of the man-made disease.

1. Article 245 of the Criminal Act applicable to the crimes and Article 245 of the Election of Imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. In light of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Ordering the Defendant’s imprisonment with prison labor, it is inevitable to sentence the Defendant to imprisonment with prison labor, in light of the fact that the Defendant had been punished for the same kind of crime before and the Defendant committed the instant crime within the short time period after release even

However, due to the fact that the defendant has been deadly ill, the defendant is mentally ill-incompetent.