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(영문) 서울남부지방법원 2017.12.20 2017고단4272
공연음란등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Defendant

A, with mental disorder 2, has committed the following crimes under the state that they lack the ability to discern things or make decisions due to stimulative disorder, and evidence with existing mental symptoms.

1. On April 25, 2017, the Defendant had obscenity committed an obscene act at a public performance place, such as: (a) around 03:10 on April 25, 201, the Defendant returned to the 706 unit of the Gangseo-gu Seoul Metropolitan Government apartment complex C in the 706 unit of apartment complex; and (b) engaging in an act of self-defac

2. On April 25, 2017, around 03:10 on April 25, 2017, the Defendant damaged the utility of the leased apartment that was managed by the victim D (46 tax) by cutting the village car into the walls of Gangseo-gu Seoul Metropolitan Government, Gangseo-gu apartment 908 and 907, and moved to 706 elevator, thereby making it difficult for apartment residents to temporarily use the elevator in light of the large scale and urine.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on scene of crimes;

1. Relevant legal provisions concerning facts constituting an offense, Article 245 of the Criminal Act (the point of obscenity in a public performance), Article 366 of the Criminal Act, and the selection of a fine, respectively;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The reason for sentencing under the proviso of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the following reasons for sentencing) is that the defendant committed the instant crime within the 706 unit area of C apartment complex in which he/she resides and seems to have inflicted considerable damage on neighbors. However, the crime of this case is not easy, but the defendant committed the instant crime in a state of mental and physical weakness due to polar disorder, etc., leading to his/her confession, reflects his/her mistake, and is future.

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