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(영문) 의정부지방법원 2015.11.05 2015고정1536
공연음란
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

In a state that the Defendant lacks the ability to discern things or make decisions due to mental illness, such as an on-site illness, alcohol dependence, impulse, and drinking, and that the Defendant lacks the ability to discern things or make decisions:

1. Around 23:40 on March 20, 2015, while discovering C (hereinafter referred to as 49 years of age) while carrying out self-defacing activities in front of B in hand with a faculing sexual organ in hand, and having continued to engage in self-defacing activities, and continues to engage in a self-defacing act on the side of the side where many and unspecified persons use it;

2. On March 21, 2015, around 09:12, at the Government-Si, the E (the 48 years of age) discovered that he was able to cut the brupter in front of the D fences, put him into a hand room in the creshes creshes of fences, and shaking him into a hand room in the creshes creshes, and used by many and unspecified persons, thereby openly obscenity.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and E;

1. Relevant Articles of the Criminal Act concerning the crimes. Article 245 (Selection of Fine)

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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