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(영문) 서울남부지방법원 2020.03.25 2019고단2121
공연음란
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On February 22, 2019, the Defendant: (a) 10:40 on February 22, 2019, carried out an obscene act, such as cutting down a boomer within the Gangseo-gu Seoul Metropolitan Government B playground and cutting off his/her sexual organ and cutting off his/her sexual organ; and (b) sending his/her sexual organ to the surrounding area.

2. At around 10:30 on February 25, 2019, the Defendant publicly committed obscene acts, such as unloading a bomb at the same place as above, cutting his sexual organ, cutting his sexual organ into a stock farm, and exposing the surrounding area of the stock farm, etc.

Summary of Evidence

1. Court statement of the defendant (which is made on the sixth trial date);

1. Protocol of examination of witness to C of this Court;

1. Written statements of D;

1. Each investigation report, and the application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the crime, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine not exceeding 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the suspended sentence of sentence recognizes the Defendant’s mistake, and the Defendant was diagnosed to have a high possibility of dementia due to Albimer’s disease as the aged 84 years old, and the crime of this case is likely to deviate from the dementia disease of this Defendant. In order to prevent the Defendant’s recidivism, it would be more necessary to have the Defendant whose memory and recognition ability are deteriorated due to dementia implement orders to complete sexual assault treatment programs, etc., rather than having the Defendant implement orders to complete sexual assault treatment programs, etc., at the hospital in the protection of pro-friendly guardians such as his family. The Defendant started efforts for medical treatment, such as receiving medical examination at the hospital with the instant case. The Defendant’s family member also worked to treat the Defendant, such as care, care, etc. from the Defendant’s immediate side, and the first reporter C’s husband and this court were the police and this court.

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