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(영문) 광주지방법원 2019.06.12 2018고정1342
공연음란
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Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant lacks the ability to discern things or make decisions due to mental retardation, etc.,

A. A. On October 6, 2018, around 05:22, around 05:2, around B, at C High School dormitories located in B, openly obscenity committed obscene acts, such as openly leaving his/her clothes and clothes entirely and exposing his/her sexual organ, and exposing his/her entrance and surrounding school meal rooms.

B. On October 10, 2018, around 05:22, a publicly obscene act was committed in the same manner as that of the above “A” at the same place.

C. On October 12, 2018, around 05:32, around October 12, 2018, a patently obscene act was committed in the same manner as that of the above “A.”

On October 14, 2018, around 05:50 on 05:50 on Naju-si, the E High School (D High School) laid off approximately 200 meters off from the west of the dormitory to the front of the dormitory, and publicly made obscene acts.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the arrest of flagrant offender;

1. Investigation report-to attach CCTV images related to a suspect, and the application of CCTV video data-related Acts and subordinate statutes;

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

1. Article 10(2) and Article 55(1)6 of the former Criminal Act (Amended by Act No. 15928, Dec. 19, 2018);

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. The main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete a program under Article 334 (1) of the Criminal Procedure Act (it is deemed that there are special circumstances in which it is impossible to impose an order on the accused

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