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(영문) 부산지방법원 동부지원 2017.10.20 2017고단1810
공연음란
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

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

Reasons

Punishment of the crime

On September 1, 2017, the Defendant had a weak ability to discern things or make decisions due to mental illness such as tidal illness. On September 14:40, 2017, the Defendant publicly expressed his sexual organ to D (the age of 72) with the sperm in front of the Busan-gun, Busan-gun, the 506 Dong, and publicly obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes to the investigation report (Attachment toCCTV), suspect photograph, investigation report (specific suspect), welfare card copy, and copy of medical confirmation document;

1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;

1. Articles 10 (2) and 10 (1) and 55 (1) 6 of the Criminal Act (person with mental or physical weakness) of the Criminal Act mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the accused is in a mental and physical state due to mental illness);

1. The instant crime with the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, Etc. of Provisional Payment Order, is an obscene act in front of the aged female in an apartment complex, and the nature of such offense is not good.

However, there are favorable circumstances such as the fact that the defendant recognized the facts charged and seriously reflects the facts charged, the fact that the defendant committed the crime in a state of mental and physical weakness due to mental illness, and the fact that the defendant has no criminal record for the

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.

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