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(영문) 전주지방법원 남원지원 2020.02.04 2019고단252
공연음란
Text

A defendant shall be punished by imprisonment with prison labor for four 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

On July 10, 2019, at around 10:40, the Defendant openly committed an obscene act by reporting the female teachers D and E of a child-care center that leads children at the “C child-care center” Mashe is located adjacent to his/her residence, and her sexual interest, sees the above child’s house with a line attached to the above mosium, panty and panty, and spande and spande the sexual organ with his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to photograph of the accused and report on investigation (related to attachment of photographs of the place of crime) taken by the reporter;

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

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

1. Probation under Article 62-2 of the Criminal Act;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The crime of determining whether the defendant is subject to an order to register personal information, an order to disclose or notify personal information under Article 2 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is exempt from an order to attend a lecture, is not subject to a sex offense subject to an order to disclose or notify personal information under Article 42 (1) of the same Act, and is not subject to an order to disclose or notify personal information under Articles 47 and 49 of the same Act, since the effectiveness of diagnosis, counseling, and education following an order to attend a lecture is low due to illness, such as dementia and brain flasing, and it is difficult to expect effectiveness of recidivism prevention.

Judgment on the Defendant and defense counsel's argument

1. The summary of the assertion and the defense counsel shall be the defendant's dementia at the time of the crime of this case.

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