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(영문) 창원지방법원 마산지원 2014.09.19 2014고단498
공연음란
Text

A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, in the state of having weak ability to discern things or make decisions due to a mental disorder of grade 1, on April 6, 2014, committed a publicly obscene act by openly citing that D (the age of 18), after passing through the strings of Changwon-si C, Changwon-si on April 6, 2014, she followed her female and her sexual organ in front and rear, and her sexual organ in front and rear, and her sexual organ in front and rear.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

1. As long as an order to attend a course or order to complete a program is convicted of the accused who has committed a sex crime exempt from an order to attend a course or order to complete a program under Article 62 (1) of the Criminal Act, in principle, an order to attend a course or order to complete a program shall be issued concurrently. However, considering the status of the accused’s disability, health, and effectiveness of such order, there are special circumstances where it is impossible to impose on the accused any order to attend a course

If a conviction on a sex offense subject to registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of a competent police office pursuant to Article

In light of the content of a crime subject to exemption from disclosure order or notification order, punishment history, prevention possibility by other measures, etc., it is determined that there are special circumstances that may not disclose personal information. Thus, an order to disclose or notify personal information is not sentenced, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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