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(영문) 대구지방법원 2019.06.25 2019고단1324
공연음란
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

While the Defendant lacks the ability to discern things or make decisions due to editing mental division disease, the Defendant openly imprisonedly committed an obscene act on February 15, 2019, following the following: (a) around 17:11, 201: (b) around the second floor of the materials room inside the “C Library” located in Daegu Northern-gu, Daegu Northern-gu, with many and unspecified persons having been suffering from the entrance of the second floor materials room.

Summary of Evidence

1. Statement by the defendant in court;

1. Sponsorics of internal history reports (Attachment of suspect's photograph pictures), and images of video recording on the surface of a crime;

1. Reports on internal investigation (the counter investigation of reporters);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 62-2 of the Criminal Act, Article 44-2 (1) and subparagraph 1 of Article 2-3 of the Medical Treatment and Custody, etc. Act;

1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse - The reason for sentencing under the Act on the Protection of Children and Juveniles against Sexual Abuse - the time of committing a crime, the fact that a person committed a crime in a state of mental and physical disability by having the authority to return from a compactic disorder, while being under treatment after the case itself, it is judged that there is a need for compulsory treatment under the supervision of a probation officer due to the risk of recidivism, such as being sentenced to a fine due to violent crime which appears to result from mental illness on January 2019, and thus, it is necessary to impose a sentence under the supervision of the probation officer. Such circumstances are determined as above by taking into account the following circumstances: the defendant’s age, character and behavior, occupation

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