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(영문) 서울중앙지방법원 2019.01.08 2018고단6008
공연음란
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a person who was sentenced on December 6, 2017 to imprisonment with prison labor for public performance and obscene crimes, etc. at the Seoul Central District Court on March 13, 2018 and completed the execution of the sentence at the Seoul Central Detention Center.

In around 13:15 on September 10, 2018, the Defendant was 10 minutes of 10 minutes of 10 minutes of c banks located in Dongjak-gu Seoul Metropolitan Government (hereinafter referred to as "crimes") in front of the C Bank, including D, etc., in which many and unspecified people view the location and D.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Partial statement of the defendant;

1. 112 Reporting case management table;

1. Photographss off clothes at the suspect site; and

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of latest same kind of judgment of a suspect);

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The defendant's defense counsel on the claim of mental disability under Article 35 of the Criminal Code among repeated offenders asserts to the purport that the defendant was in a state of mental disability.

According to the result of the mental appraisal of this court, the identification function of the defendant is the level of the boundary line, the defendant's personal body or actual act is deemed to be proper, and there are many cases other than that of the defendant, and the defendant cannot speak in logic. On the other hand, since the defendant shows a defensive and non-co-operation attitude, most of the prosecutors have not sufficiently conducted, even according to the result of the mental appraisal entrustment, the consciousness of the defendant is clear, memory and memory are preserved, the defendant has repeatedly committed the same crime under the influence of alcohol, and according to other records, the defendant has the ability or intent to distinguish things at the time of the crime of this case.

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