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(영문) 부산지방법원 동부지원 2018.01.24 2017고단2532
공연음란
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant: (a) had weak ability to discern things or make decisions due to stimulative disorder, etc.; (b) from around 23:00 on August 15, 2017 to around 23:10 on the same day, from around 23:0 on August 15, 2017 to around 23:10 on the same day, the Defendant sent mathal to the e beach central convention of the bathing beach located 50 meters away from the Da in Busan Metropolitan City to the 50-meter away from the ethic ethic ethic ethic ethb

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on investigation, report on internal investigation (attached to a written request for emergency hospitalization of a suspect), medical opinion, confirmation of admission and discharge, and a copy of a medical record;

1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;

1. Articles 10 (2) and 10 (1) and 55 (1) 6 of the Criminal Act (person with mental or physical weakness) of the Criminal Act mitigated by law;

1. A fine not exceeding one million won to be suspended;

1. Articles 70 and 69 (2) (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (The following sentencing shall be taken into account the conditions favorable to the minor);

1. The instant crime on the grounds of sentencing under the proviso of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the Defendant does not seem to be inappropriate to impose an order to complete program due to mental illness) is an act of reporting the instant crime from the street or plaza on which many people frequent to the breath, which is disadvantageous to the nature of such crime.

However, the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, that the defendant committed a crime in a state of mental and physical weakness caused by mental illness, that the defendant was likely to have reduced risks due to the development of evidence at the time, etc. and requested assistance from 112 and 119 on his own, that the defendant seems to have faithfully endeavored to prevent recidivism after receiving mental treatment, and that the defendant's punishment except for a kind of fine recommended to the defendant.

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