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(영문) 서울북부지방법원 2013.12.26 2013고정1978
공연음란
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 10:50 on June 8, 2013, the Defendant: (a) discovered that the victim D (here, 15 years of age) is walking on the street in front of the Seoul Northern-gu Seoul Northern-gu, Seoul; (b) had sexual impulses; and (c) followed 100 meters following the Defendant’s mental retardation, etc., “after asking whether he/she is a man-child-gu; and (d) had sexual impulses; and (c) openly obscenity for about one minute, such as getting off his/her way in which the victim stopped, showing his/her sexual organ, etc.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Article 10 (2) and (1), and Article 55 (1) 6 of the Criminal Act that is legally mitigated;

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

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

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