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(영문) 서울동부지방법원 2017.06.15 2017고단927
공연음란
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

around 00:15 on February 3, 2017, when the Defendant lacks intellectual ability to discern things due to intellectual disability, the Defendant openly obscenityd the Defendant’s sexual organ in the front of Gwangjin-gu Seoul Special Metropolitan City, such as discovering the victim D (at the age of 25) and discovering the victim in the future, leaving the victim back to the direction of the victim, and exposing his sexual organ in the state of exposing his sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (CCTV);

1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;

1. Articles 10 (2) and 10 (1) and 55 (1) 6 of the Criminal Act (person with mental or physical weakness) of the Criminal Act mitigated by law;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Article 59 (1) of the Criminal Act (as a Grade III intellectual disability, the Defendant is endeavoring to prevent recidivism, such as receiving individual sex education after committing the instant crime, and is the primary offender of the Defendant);

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