공연음란
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. As stated in the facts charged in this case, the judgment of the court below convicting the defendant, although the defendant did not have any fact by exposing the sexual organ out of the elevator as his hand, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. The sentence (3 million won in penalty, and 40 hours in order to complete a sexual assault treatment program) ordered by the prosecutor by the court below is too uneasible and unfair.
2. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s grounds for appeal, namely, ① the Defendant was exposed to the sexual organ from the investigative agency to the time when the Defendant got off the elevator from the 20th apartment floor to the 18th floor until the elevator was opened.
In full view of the facts stated in the facts charged, C’s statement to the effect that “the 18th floor was laid in the elevator with the knowledge of the 2nd floor, shut down the elevator again, she was on board the elevator”; ② the witness of the crime of this case submitted a written statement to the effect that “The defendant, who was waiting for the elevator with 18th floor, was exposed to the sex of the elevator and was in the elevator, was not on the elevator,” and ③ the CCTV images installed in the elevator are consistent with the above Defendant’s statements and the witness’s statements at the investigative agency, the fact that the Defendant publicly committed an obscene act can be sufficiently recognized.
Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law by mistake of facts as alleged by the defendant, and thus the defendant's assertion of mistake is not accepted
3. The circumstances favorable to the defendant are that C, who observed the instant crime, does not want to be punished against the Defendant, based on the prosecutor’s grounds for appeal.
However, the defendant on July 11, 2014.