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(영문) 수원지방법원 안양지원 2015.02.13 2014고단1870
공연음란
Text

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

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

Reasons

Punishment of the crime

In a state where the Defendant lacks the ability to discern things or make decisions due to a disability of grade II in the mental handicap, the Defendant may not change things or make decisions

1. Around 07:50 on August 25, 2014, at the bus stops located in Sanyang-si, Sanyang-si C, “D” in front of the bus stops located in Sanyang-si, An act of openly obscenity by unloading booming sexual organ and showing sexual organ.

2. On September 4, 2014, the Defendant: (a) around 10:34, at the top of the “F” located in Manan-gu, Maan-gu, Annyang-si; (b) sent the vehicle to the roadway and openly displayed obscenity.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and investigation reports (related to answers to reporters);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning criminal facts and the choice of fines;

1. Articles 10 (2) and (1), and 55 (1) 6 of the Criminal Act for statutory mitigation;

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

1. Articles 70 (1) 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;

1. Determination as to the defense counsel's assertion on the proviso of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Order (the defendant is in a state of mental disorder, which lacks the ability to discern things or make decisions, and thus, there is no special circumstance where the defendant cannot be ordered to complete order.

1. If an adult defendant, who was an ordinary person’s act of exposing sexual organ at a public place, did not have an intent to commit an act of obscenity, it is generally deemed as an obscene act against the concept of sexual morality by undermining ordinary people’s normal sexual humiliation. In light of the defendant’s mental and physical strength, mental age, etc., it is determined that the above act constitutes an act of impairing normal sexual humiliation, and that the defense counsel’s allegation in this part is accepted.

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