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(영문) 수원지방법원 2018.11.05 2018고단5380
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2018, the Defendant: (a) around 16:43, 2018, between 105 and 106 units of Young-gu C apartment units 105 and 106 units of Young-gu, Suwon-gu, Suwon-si, the Defendant, even though he was reported by the occupant, opened a bench with the bener and opened a bench and brut with the brush and brut with the brush and

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs, CCTV images, and CCTV images CDs;

1. Application of Acts and subordinate statutes to a copy of a written result of long-term medical treatment;

1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness (see, e.g., the Defendant’s statement at an investigative agency or the attitude in this court) appears to be able to communicate to a certain extent.

However, the mental disorder stipulated in Article 10 of the Criminal Act is a biological factor and needs to be judged to be lacking or reduced in the ability to distinguish things due to psychological disorder other than mental disorder such as mental, mental, or abnormal mental condition. Thus, even if a person with mental disorder was a person with normal mental disorder or the ability to control acts at the time of committing a crime, he cannot be deemed a mental disorder. However, in the case of a fixed mental disorder such as mental fissionsis, even if the person with mental disorder seems to have the same mental disorder as the normal ability to distinguish things at the time of committing a crime, it is often related to the mental disorder, and it is often related to the mental disorder, even if the person’s consciousness in the process of committing a crime is deemed to have the same mental disorder as the normal person, and in such a case, there is room to regard him as a mental weak because his ability to control acts was reduced due to the mental disorder (Supreme Court Decision 92Do1425 delivered on August 18, 192).

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