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(영문) 부산지방법원 2018.02.07 2017고단5523
공연음란
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who suffers from her early illness with a intellectual disability 3rd degree of disability and is in the hospital B hospital in Yeongdeungpo-gu, and the victim C (n, 57 years old) is a person who operates a sugar in Young-gu D.

On July 30, 2017, around 00:35, the Defendant opened a string door and opened a string door and opened a string door from outside the string door to return to the string door due to the string of the victim’s house located in the Youngdo-gu, Busan around 00:35.

After that, a man juscule sweld down the alley, sweld down the victim again, and exposed the sexual organ so that the victim may feel sexual humiliation.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 245 of the Criminal Act concerning the facts constituting the crime;

1. Selection of a selective fine for punishment (the defendant is a Grade 3 intellectual disability and suffers from early illness, etc.);

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

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