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(영문) 의정부지방법원 고양지원 2018.06.26 2018고정65

공연음란

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, part of the facts charged was revised.

On August 12, 2017, the Defendant, at around 18:30 on the 18:30 on the Papju City, laid down a tree chaired in front of the “D” on the street and was under the influence of alcohol and sent the signal to her, who was frighten by hand, and was in a public obscenity manner by seeing her inner part off and her inner part.

Summary of Evidence

1. Legal statement of witness E;

1. E statements;

1. On-site photographs;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the argument is that the Defendant had a urine at the time of the ruling, but the Defendant did not come to a tree racker installed on the street as stated in its reasoning, but rather went to the right side to the adjacent fence, and the Defendant did not send a signal to the Defendant while referring to E at the time.

Therefore, the Defendant was merely a simple diversology, not a patently obscene act.

2. Determination

A. According to the above evidence, the following facts are acknowledged.

1) E was merely old in the front of the “D” in Pakistan-si, Pakistan-si, while making a book and provoking as indicated in its holding.

At the time, 18:30 p.m., but it was the fact that there was a summer, and the date was revealed.

2) At the same time, a tree is placed as follows, and commercial buildings are placed between the tree chairs (hereinafter referred to as “the holder of the instant tree”). 3) The place where there is a person of the instant tree among the forests, the vehicle is a passage passage along which many ordinary people frequent.