마약류관리에관한법률위반(대마)등
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. According to the statement of H by a witness of a misunderstanding of facts, the Defendant: (a) during the instant case, at the same time, exposed her her butt and her sexual organ and committed obscene
Although the above statement alone is insufficient to recognize the facts charged, the judgment of the court below that acquitted the defendant is erroneous due to the mistake of facts.
B. The sentence of the lower court’s improper sentencing (exemption from punishment) is too uneased and unreasonable.
2. Determination:
A. On September 15, 2016, the summary of this part of the facts charged is as follows: (a) around 19:45 on September 15, 2016, the Defendant publicly obscene act, such as repeating panty knee and repeated panty, while viewing several persons, including H (23 years of age) on the street near the D bus stops located in Seongbuk-gu, Sungnam-gu, Sungnam-si, Sungnam-si.
2) On the grounds delineated below, the lower court rendered a judgment that it is difficult to acknowledge that the facts charged were proven only by the evidence submitted by the prosecutor, and that there is no other evidence to acknowledge it, and acquitted the Defendant.
In this part of the facts charged, a witness’s statement was made, and the above H was found to be a person with a mental disorder in light of the appearance that the defendant was off his body from the time when the defendant first appeared in this court to see that he was in excess of the body of the general public, running his clothes on the string and in exaggerationd.
A person who has reported the appearance of the defendant who sees the witness and the snow of the suspect during his / her thought, is reliable.
I think it was reported, and it was not well memoryed, but it was not true, and whether the defendant continued to engage in an abnormal behavior during the report by one to two minutes telephone is not memory. However, during the report, the defendant reported another place which is not a witness's seat, and the defendant stated that he did not show that he did not show that he did not look after or show that he was a witness.
In addition, H makes a statement at the police station on the day of the incident.