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(영문) 수원지방법원 성남지원 2016.12.09 2016고단2583
공연음란
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 15:58 on August 4, 2016, the Defendant, “2016 Highest 2583,” sent a sexual organ to the victim E (the age of 41), who is reported by other customers and employees in the D pharmacy located in Hanam-si, Hanam-si, and was openly obscene.

around 09:50 on August 23, 2016, the Defendant openly imprisoned 2016, the Defendant: (a) around 09:50 on August 23, 2016, at the D pharmacy located in Hanam-si, the Defendant: (b) made an obscene act using approximately five minutes of sexual instruments to get out of one pharmacist, one female employee, and three customers.

Summary of Evidence

"2016 Highest 2583"

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Video CDs and respective photographs "2016 Highest 3186";

1. Defendant's legal statement;

1. A written statement;

1. Application of the relevant Acts and subordinate statutes to video CDs and photographs;

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the crimes;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., that the person suffers from mental illness and the degree of the suffering seems to be serious; that the defendant has no same criminal power during the last twenty years; and that the additional criminal defendant is treating him/her by hospitaling him/her to a mental hospital, etc.);

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Attend (the defendant is deemed to have a mental disorder Grade 3 with severe symptoms, and it is difficult to understand the contents of lectures properly, such as being hospitalized in a mental hospital and being treated, and it is difficult to expect the effects of preventing recidivism through an order to attend lectures, and thus, it is difficult to expect that the defendant is unable to impose

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