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(영문) 전주지방법원 2017.11.10 2017고단1076

공연음란

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CK7 private taxi, and the victim D (V, 34 years old, and household name) is a passenger of the above taxi.

On February 12, 2017, the Defendant, at around 12:00 on the front side of the F store in the front of the front of the front city of the front city, was making a stop for the signal waiting at the rear seat and made a stop for the signal waiting, and even though the driver and passengers of other vehicles driving or stopping on the road can be seen, the Defendant, despite the fact that the victim can be seen as a driver and passengers of other vehicles driving or stopping on the road, was able to cut down by a large number of hands, and then publicly imprised the victim for about five occasions, such as scambling the sexual flag in front and rear.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of D (tentative name, the same shall apply hereinafter);

1. Statement made by the police against D;

1. Complaint;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of personal taxi photographs owned by a suspect, the attachment of photograph photographs of a suspect’s self-defense image screen pictures, and the attachment of video CDs with a suspect’s self-defense image image screen pictures);

1. Article 245 of the Criminal Act applicable to the facts constituting an offense and Article 245 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Defendant

1. Defendant and his defense counsel’s assertion

A. The Defendant only caused buckbucks which are low on the bridge, and did not commit self-defense.

(b) The defendant has committed self-defense;

Even if there is no possibility that many unspecified persons, such as victims or criminal offenders, can witness it, and performance is not recognized.

2. Determination

A. The following circumstances acknowledged by the evidence before determining obscenity, i.e., (1) A does not directly see the Defendant’s sexual organ in an investigative agency and this court.