공연음란
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 23, 2017, the Defendant: (a) around 21:35, at D’s entrance stairs located in Suwon-si C, and (b) when many and unspecified persons, such as E, passed, the Defendant laid down the bucker and shaking the sexual organ, and committed a openly obscene act against E, stating that “the Defendant is rapidly high.”
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Determination as to the defendant and defense counsel's assertion of investigation report (the gist of statements by witnesses)
1. As to the Defendant’s assertion, the Defendant did not commit an obscene act stated in the facts constituting a crime.
2. Determination
A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall assess the credibility of the statements, taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penology of the statement, and the penology of the witness statement, which are being recorded in the open court after being sworn before and after being sworn by the judge, in order to determine the credibility of the statements made by the victim, etc., and shall not dismiss the statements made by the victims, etc., unless there is any other evidence that can objectively be objectively seen as being objectively consistent and consistent with the facts charged (see Supreme Court Decision 2012Do2631, Jun. 28, 2012). B. The following circumstances revealed by the evidence revealed by the evidence mentioned above, can be sufficiently recognized in light of the following circumstances, as stated in the facts charged by the defendant.
(1) At the time witnesses were witnesses.
E The background leading up to this court, the background leading up to the defendant's attention, the mode and method of the defendant's obscene act, the statement that the defendant had worked at the time, and the background leading up to the discovery of the defendant who had left the place after obscene act.