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(영문) 서울남부지방법원 2013.11.12 2013고정3018
공연음란
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 20, 2013, around 01:30 on April 20, 2013, the Defendant made a public obscene act in a manner that damages his sexual organ by getting out of the front corridor of the elevator of the 9th apartment of Gangseo-gu Seoul Metropolitan Government and in his hand.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. The defendant and his defense counsel asserted that at the time of the instant case the Defendant was in a state of mental disorder. Thus, according to the records, it is recognized that the Defendant was in a state of mental disorder 4, but the Defendant did not have the ability to discern things at the time of the instant case. Thus, the Defendant and his defense counsel’s above assertion is difficult to accept.

Application of Statutes

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order have no record of being punished, and the defendant is at Grade IV with physical disability, and the defendant is found to be erroneous while making a confession of the crime of this case, and the circumstances, means, methods, and results of the crime of this case shall be determined as ordered by taking into account the following factors:

It is so decided as per Disposition for the above reasons.

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