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(영문) 인천지방법원 2017.01.11 2016고단6314

공연음란

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 29, 2016, at around 12:50, the Defendant: (a) exceeded the lower limit from the corridor that passed by the occupants of the Incheon Bupyeong-gu 101 Dong Dong 1515, the Defendant carried off from the elevator and cut off the D (W, 44 years old), and (b) reduced the Defendant’s sexual organ to suspend the Defendant’s sexual organ, and then ske down the Defendant’s act under the above order.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. The defendant's partial statement (the date and time stated in the facts constituting the crime, and the fact that he/she has taken a corridor in a state of escaping the load at the place shall be recognized);

1. Each legal statement of witness D and E;

1. Each police statement protocol against D and E [the manner of committing a crime at an investigative agency and a court of justice and its prior and subsequent circumstances] has been specifically and consistently stated as follows, and there is no doubt that the statement is false.

① At the time of carrying out an apartment elevator, D observed that the Defendant was able to see the side, and that the Defendant was able to see the side, and that the Defendant was frighting to stop in a scherent state.

In particular, according to the statement made by the police around 17:36 on May 29, 2016, such as the date and time when the facts of the crime were recorded, D, at the time, witnessing that the defendant was committing a self-defense act under the above conditions while being sealed by the suspension of his sexual organ at the time.

Therefore, the Defendant did not use the suspension.

However, the statement of D that the defendant used to stop and that the defendant committed a self-defensive act rather than merely wrapping the sexual organ due to suspension is more life and trustful.

② D, as seen above, her snow with the Defendant, she was in a corridor, and she took play voice and sound into the house.

D At the time, the above similar act of the defendant was known to the neighbor or the apartment from the neighbor or his/her father and his/her father, and the above act of the defendant was directly observed.

③ This D is the above.