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(영문) 인천지방법원 부천지원 2013.11.06 2013고단2306

공연음란

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 18:40 on June 20, 2013, the Defendant: (a) landed around a bus stop located in the front of the city bus stops, Yacheon-gu C, Yacheon-gu, Seoul, and produced his sexual organ, and (b) openly obscene act by shaking it.

Summary of Evidence

1. A statement to the effect that there is a little defense at the time and time as stated by the defendant in this Court;

1. Determination as to the defendant and defense counsel's assertion of the witness D's legal statement

1. The Defendant’s assertion is merely to enjoy a obscenity, and does not contain a sexual organ with intent to engage in obscenity.

2. The phrase “obscenity act” under Article 245 of the Criminal Act refers to an act contrary to the concept of sexual morality by stimulating ordinary people’s sexual desire, causing sexual interest and impairing normal sexual humiliation, and the crime is not established subjectively for sexual purpose, such as sexual humiliation or satisfaction, but it is sufficient if there is awareness of the meaning of the obscenity.

(2) In light of the above facts, the defendant's act constitutes an obscene act contrary to the concept of sexual humiliation by undermining ordinary sexual humiliation, and the above act constitutes an obscene act detrimental to another person's normal sexual humiliation. Thus, the defendant and his defense counsel's assertion is not accepted, since the defendant and defense counsel knew that the defendant's act was an obscene act contrary to other person's sexual humiliation. The defendant's assertion is not acceptable.

Application of Statutes

1. Criminal facts;