beta
(영문) 대전지방법원 2016.09.21 2016노2103

공연음란

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s misunderstanding of facts often feel fear of fear due to the symptoms of flat and urology, and it is only a flick on the day of the instant case.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court based on the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the Defendant’s assertion of mistake of facts is insufficient to recognize that the Defendant publicly committed an obscene act as stated in the facts constituting the crime in the lower judgment, and thus,

① The witness E of the lower court, who observed the instant site, stated that “the Defendant’s hand was fast in the direction above and below” from the investigative agency to the court of the lower court, and the witness F of the lower court, who was another witness, also stated that “When considering the Defendant’s left hand from the behind part of the Defendant, he was shaking in the direction below, and she stopped the Defendant’s hand on the left side of the Defendant’s hand, who is about to be sure, and was able to see, she was able to see the part of the Defendant’s sexual part by her hand.”

Each of the above statements shall not be in violation of detailed and empirical rules, and shall be deemed to be reliable as it is specific and consistent.

② At the time of the instant case, the Defendant asserted that he was flicker’s flicker, and was flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s

③ The Defendant, outside of the police, was flaged by the police.

The testimony (34 pages of evidence records) was not consistent, such as the statement (90 pages of trial records) that was flicker in the court of original instance, was flicker in the court of original instance, was flicker into the left hand, and was flicked into the left hand (90 pages of trial records).

(4) The defendant shall be around 202 and around 202.