공연음란
The judgment of the court below is reversed.
The defendant shall be innocent.
[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal (the factual error) does not constitute a self-defeassive act within the same period as indicated in the facts charged.
At the time of the instant case, the Defendant: (a) was able to look at the front of the brub in both hands; and (b) there was a possibility that C (30 years of age, female) was able to have been able to have been discovered as a self-defense
The summary of the facts charged in the instant case and the judgment of the court below on March 18, 2013, the Defendant: (a) around 19:00, at the subway line 7 lines located in the Daegu-dong, Yeongdeungpo-gu, Seoul Metropolitan Government, opened a boomer to the side gate of the victim C and boomed the sexual flag with his hand within the direction of the south-gu railroad station; and (b) performed self-defense.
In this respect, the defendant committed an obscene act within the pre-use vehicle used by the public.
The lower court found the Defendant guilty of the instant facts charged by taking account of the evidence in its judgment.
A statement of C, D’s statement, and each investigation report (Evidence No. 24-25, 38-42 of the evidence record) are written as evidence that seems to correspond to the facts charged in the instant case.
First of all, according to the statements in D's court of original trial, D was unable to witness the defendant's self-defense (Evidence No. 38 of the evidence record), so D's statements can be evidence of the present situation at the time of this case, etc., and there is no direct evidence to acknowledge the facts charged of this case.
For the same reason, the entry of the above investigation report (Evidence No. 24-25 of the evidence record) in which D’s statement is written, does not directly prove the facts charged of this case.
Next, in light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, it is difficult to believe that C’s statement and text messages sent and received by C to friendly relationship with mobile phones at the time of the instant case are stated in the above investigation report (Evidence No. 38-42 of the evidence record).
(1) C is the left side of the witness by the defendant in the court of original instance.