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(영문) 서울남부지방법원 2014.12.12 2014고단3480
공연음란
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In a state where the Defendant lacks the ability to discern things or make decisions due to mental illness arising from a mental retardation of the longitude, the Defendant has weak ability to discern things or to make decisions.

1. On August 31, 2014, around 09:45, the Plaintiff openly commits an obscene act by getting a house back through 60-gil 30,00,00, in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, with a 30-lane, and by using a scambling scambling with a hand, and by using a scambling scam;

2. At around 10:10 on the same day, the patently obscene act was conducted in the same manner as Paragraph 1 in front of the collection of D (n, 44 years of age) located in Yeongdeungpo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the statutes on photographs taken by witnesses;

1. Article 245 of the Criminal Act (the point of public performance and obscenity) and the selection of fines for the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for the mitigation of mental illness and injury (a person with mental disability due to the delay in the spirit of latitude and injury);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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