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(영문) 전주지방법원 군산지원 2017.06.23 2016고단739
공연음란등
Text

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

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

Reasons

Punishment of the crime

The defendant of "2016 Highest 739" was a person of Grade III intellectual disability, and passed the roads and places of D elementary schools located in Gunsan-si C on February 25, 2016, around 15:45, and around the following:

E (n, 23 years of age) Findings E and ma from the Defendant’s will before her woman, and then take the Defendant’s will by hand.

In addition, the act of self-defluence was done by putting up a 1 minute, and committing a openly obscene act.

On December 20, 2016, 2016, the Defendant collected the victim G (the 57 years old), a house owner in front of the Defendant’s house located in Sinsan-si, Sinsan-si, and collected the victim’s chest, which is a dangerous object in the said place without any justifiable reason, two times the victim’s chest part of the victim’s chest, with the victim’s head and left part of the victim’s shoulder at two times in two times, and the victim’s right shoulder part by two times the victim’s head and left part of the victim’s house, and caused the victim’s injury to the victim, such as the victim’s string, which requires approximately two weeks’s treatment.

Summary of Evidence

"2016 Highest 739"

1. The legal statement of the witness E by the court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 245 of the Criminal Act applicable to the facts constituting an offense (a point of obscenity or of imprisonment with prison labor), Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)

1. It shall be decided as ordered on the grounds that the treatment program is not less than the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (which shall be deemed not effective in light of the defendant's intellectual ability);

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