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(영문) 수원지방법원 안양지원 2017.10.11 2017고단840
공연음란
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In a state where the Defendant lacks the ability to discern things or make decisions due to editing illness, the Defendant laid down his body in a state from March 31, 2017 to the front day of the Jeju-si Pre-Road 13, which is the volume from March 31, 2017 to the limit of 13, the Defendant publicly obscenity committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of the details of receipt of a report on 112), a criminal investigation report (CCTV verification), a criminal investigation report (person in charge of telephone conversations), and a criminal investigation report (Attachment of a medical certificate on editing illness) to the suspect;

1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;

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

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

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

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is not less than that of the crime in light of the content of the crime, the following factors need to be taken into account: (a) mental health conditions such as the Defendant’s primary offense is against the wrongness; (b) the Defendant was suffering from editing illness; and (c) the Defendant’s parents’ strong intent to protect the Defendant’s medical treatment; and (d) the Defendant’s age, and other various sentencing conditions such as the Defendant’s sexual behavior.

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