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(영문) 대구지방법원 2014.12.09 2014고단3894
공연음란
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is deaf-mutes.

On May 19, 2014, the Defendant, at around 10:15, was seated at the seat No. 24 of the train No. 1821, 3, 1821, the 23th seated with the pregnant woman, and the pregnant woman C (V, 32 years of age) was seated with the seat of the train No. 1821 on May 19, 201, put the fluorial belt and the knife into the knife and the knife, and entered the knife two minutes below.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes to written statements prepared by a special judicial police officer C;

1. Relevant Article 245 of the Criminal Act concerning the facts constituting an offense and Article 245 of the Selection of Punishment;

1. Article 11 and Article 55 (1) 3 of the Criminal Act for mitigation of deaf-mutes;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order refers to the act of causing sexual interest and impairing a sense of sexual shame by stimulating the sexual desire of the general public and causing sexual humiliation.

However, it is judged as above in light of the fact that the defendant's act was caused by fear of fear by the defendant, and the criminal intent is somewhat weak, that the defendant is a disabled person of class 2 with hearing disability, that C does not want punishment, and that it does not want punishment, and other circumstances of the crime of this case, criminal records, age of the defendant, etc.

The defendant's order to complete a program is deemed difficult for the defendant to perform his/her order to complete a program as a hearing impaired, and this falls under special circumstances where no order to complete a program is issued.

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