공연음란
The prosecutor's appeal is dismissed.
1. In full view of the summary of the grounds for appeal (deficiencies) in the instant field CCTV images and the statements made by the victims, the Defendant may be found to have publicly committed an obscene act as shown in the instant facts charged.
Nevertheless, the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous in misconception of facts.
2. On May 28, 2014, at around 16:57 to 16:59 on May 28, 2014, the Defendant: (a) was going to the front of the new village apartment apartment shopping district, Seo-gu, Daejeon, Seo-gu, Daejeon; (b) was going to the front of the new village apartment apartment shopping district; and (c) the victim C (V, 13) was getting off the front of the old apartment apartment apartment shopping district from the old apartment apartment shopping district to the front of the new village apartment apartment shopping district in the same school-friendly district.
When the defendant gets up the above school, discovered the behavior of the victim, and passed before the victim's day, he saw him to take up his sexual organ at his seat and walked with him.
Accordingly, the Defendant publicly committed an obscene act.
3. Determination
A. The lower court determined that the victim C’s written statement constitutes hearsay evidence and thus cannot be used as evidence of conviction, and that the primary evidence supporting the instant facts charged against the Defendant was based on field CCTV images, and that is, the following circumstances revealed by the evidence duly adopted and investigated by the lower court, namely, ① the Defendant appears to have been suffering from the knife and fixed devices at the time (the result of verification as to whether the Defendant was worn at the time of the instant case and the investigation records 29 pages), and the knife of the Defendant’s knife that the knife and the knife did not appear to have a knife in order to spread, as the knife knife knife knife knife knife knife knife knife knife knif.