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(영문) 부산지방법원 동부지원 2017.09.06 2017고단1230

공연음란

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The accused has weak ability to discern things or make decisions due to mental disorders, etc.

1. On May 18, 2017, the Defendant taken out her sexual organ out of the front place, where five female and female passengers, such as E, are viewed as five male and female passengers, who passed the D Station located in Busan Metropolitan City Shipping Daegu C around May 18, 2017, in the fourth square column No. 4025, May 4, 2014

The competent authorities, etc. publicly engage in obscene acts.

2. On May 27, 2017, the Defendant publicly obscenityd by 12 male and female passengers, such as F, in the second column of the city railway 4 line, where the Defendant passed a gold station in the Seo-dong Station located in the Geum-gu Office located in Busan Metropolitan City on May 27, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness E and F;

1. Application of the law of this case to each investigation report, 112 report processing table and photograph [the defendant asserts that "the defendant does not have any fact of obscenity at the time," and the facts acknowledged by the evidence duly adopted and investigated by this court, ① the statements of witnesses are specific and natural, ② there is no reason to dismiss the defendant as false facts, ③ the fact that the witness, who is not related with the previous defendant, was on board before the time, and ③ the fact that the defendant was on board the iron at the time, all of the facts charged in this case are guilty].

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting a crime;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

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 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The instant crime committed on the grounds of sentencing under the proviso of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete education (the Defendant appears to have difficulty in implementing orders due to mental or physical disorder).