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(영문) 서울동부지방법원 2016.04.01 2015고단3828
공연음란
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, in the state of having weak ability to discern things or make decisions due to mental disorders, takes the sprink out of his clothes from among subway passengers on December 4, 2015, around 19:25, in the state of having weak capacity to discern things or make decisions. On December 4, 2015, the Defendant taken the sprink out of his clothes from among subway passengers on the 1-1 platform (the direction of sexual water station) of Seongdong-gu Seoul Metropolitan Government.

The act of self-debrisoning was made openly obscene.

Summary of Evidence

1. Statement by the defendant in court;

1. Report of investigation (general) and application of Acts and subordinate statutes to photographs of suspects;

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Penalty fine of KRW 1,500,000 to be suspended;

1. Articles 70(1) and 69(2) 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 (see, e.g., Article 59(1) of the suspended sentence (i.e., that the defendant is against his will, is the primary offender, is a cadastral disability 2); that the mother of the defendant has a lot of interest and decoration in the future

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