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(영문) 서울서부지방법원 2017.04.14 2016고단2125

공연음란

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

On December 21, 2015, the Defendant: (a) around 22:30 on December 21, 2015, to F, an employee demanding the alcohol price within the Ec Incule House located underground in Jongno-gu Seoul Metropolitan Government D D Building; and (b) after making a sudden and panty test, the Defendant: (c) “Iskin Naran

It shall do so.

나 멀쩡하고 아직도 성기능이 충분하다.

The inside shall show the inside.

“” and publicly exposed sexual organ to engage in obscene conduct.

Summary of Evidence

The facts of the judgment

1. Partial statement of the defendant (the purport that there is a dispute over F with the defendant at the time and place in which the defendant makes a ruling);

1. Legal statement of witness F;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police with regard to F;

1. The F’s statement, etc. can be recognized by taking account of the F’s statement, etc.

Defendant

and the defense counsel at the time that the defendant was not at the same end or subordinate of the facts charged.

However, in light of the facts or circumstances acknowledged by each of the above evidence, i.e., the witness F’s investigative agency and the statement in this court may be reliable in light of the consistency, logic, and alivology of the witness, the part that is not memoryed, the passage of time and the change of the reputation of the statement, whether the statement conforms to the social norms, and the attitude of the statement in the court. However, the above F’s statement in the investigative agency and this court was not adequate for the Defendant’s testimony by insulting the Defendant at the time.

However, in light of the contents of the case, it is difficult to deem that F has reported false information to an investigative agency or made a false statement in the court before considering the fact that F is under the burden of false accusation or perjury, and that F is under the Defendant’s panty color. In light of the above, each of the above evidence, the facts of the judgment shall be comprehensively taken into account.