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(영문) 대전지방법원 2018.04.24 2018고정205
공연음란
Text

The sentence of sentence against the defendant shall be suspended.

To order the accused to observe the protection for a period of one year.

Reasons

Punishment of the crime

In a state of intellectual disability 2, when the Defendant’s ability to discern things or make decisions is weak, the Defendant exposed his sexual organ to the victim D (the age of 65) who was going to go to the place on October 9, 2017, when 1, 208:27 around 08:27, when 1, 2017, the Defendant made a public obscene act by openly exposing sexual organ; and 2, around 09:20 on the same day, the Defendant sent the sexual organ in front of the Daejeon E-gu Daejeon, where the Defendant reported the sexual organ, such as the victim F (n, 67 years of age). After exposing the sexual organ, the Defendant made a public obscene act by openly exposing the sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute of F, D, and G;

1. Relevant legal provisions concerning criminal facts, Article 245 of the Criminal Act selective punishment, and the choice of fines;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to be mitigated legally;

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. A fine of two million won to be suspended;

1. Article 70(1) and Article 69(1) (1) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (Article 59(1) of the Criminal Act (Article 59(1) is a crime in a state of mental and physical weakness due to intellectual disorder, victims do not want to punish the defendant, elderly parents have received guidance to the defendant, and there is no criminal punishment imposed, etc.);

1. The main sentence of Article 16 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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