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(영문) 춘천지방법원 속초지원 2018.06.11 2017고단262

공연음란

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 23, 2017, the Defendant discovered women's high school E (n.e., 15 years old) who were enrolled in the reading room of D3 floors located at Sincho-si, Sincho-si, 19:20 on April 23, 2017, and opened a cell phone to view the cell phone after opening it back, and then laid down his hand into the Defendant's inner part, and then laid down his fingers into the front and rear side, and carried out an obscene act.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the preparation of examination of the accused;

1. The witness E’s legal statement (the defendant and his defense counsel are consistent with the defendant’s writing his finger with his hand, but the defendant's act was conducted for the purpose of pulverizing the secret, not for self-defense, and thus, the facts charged cannot be acknowledged.

However, he was seated next to the defendant at that time.

E has consistently stated that “the Defendant’s body was sponsed by sponsing the Defendant’s body, sponsing the Defendant’s hand.” ( regardless of the evaluation of the act, the Defendant’s testimony to witness the above act is consistent). The Defendant made a statement that he was only sexual intercourse with the hand floor by asserting that the Defendant did not engage in self-defense at the time of investigation into the prosecution. This is difficult to regard it as a behavior to debris debris abris, and the prosecutor also recognized the Defendant’s act of self-defense by pointing out the contradictions of the Defendant’s argument.

Even if the act of self-defense does not reach the level of self-defense, it is reasonable to view that the act of putting the fingers into the reading room of the public room and exposing the sexual organ itself constitutes an obscene act that may cause sexual interest and that may cause a sense of sexual shame by stimulating the sexual desire of ordinary people.

Therefore, the defendant and his defense counsel's assertion cannot be accepted.

1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Suspension of execution under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act