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(영문) 서울동부지방법원 2017.02.09 2016고단237

공연음란

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

around 00:20 on May 28, 2015, the Defendant laid his sexual flag in a state where people passing through it can see it, such as F (29 years old) by setting a glass door on a vehicle owned by the Defendant for EM5 riding owned by the Defendant who stopped there on the front of Songpa-gu Seoul Metropolitan Government D, and laid down the glass door of the above vehicle.

The act of self-defense was done by means of hand-on, etc.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. Statement made by the police with regard to F;

1. A report on investigation (to attach and analyze CCTV around the scene of a crime);

1. Investigative reports (investigative Reports on E-Vehicles, Verification Reports), and vehicle detailed inquiries;

1. The defendant and his defense counsel asserted that no act identical to the facts charged was committed at all, and the defendant and his defense counsel asserted that the crime is denied, and the evidence corresponding to the facts charged is only the victim's statement, and the credibility of the statement cannot be acknowledged.

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the victim’s statement directly supporting the facts charged may be sufficiently reliable. Thus, it can be acknowledged that the Defendant committed the same act as the facts charged in the judgment.

① At the time of committing the instant crime, the statement by the victim about the Defendant’s act, content of damage, response of the victim, and the situation before and after the commission of the instant crime is consistent and specific. On the day of the instant case, the victim, who initially viewed the Defendant on the day of the instant crime, had the victim falsely opened the statement with the intent to put the Defendant at risk of criminal punishment until taking charge of punishment for perjury, without any reason to make any false statement.

볼 만한 사정이 전혀 없는데 다가, 피해자의 법정에서의 자연스럽고 꾸밈없는 진술 태도, 증인 G, H의 법정 진술 등을 더해 보면, 피해자가 있지도 않은 피해를 꾸며 냈다고

It does not seem that it does not appear.

(2) The defendant.