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(영문) 전주지방법원 2013.04.17 2012고정1255

공연음란

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 18:00 on May 29, 2012, the Defendant: (a) 18:00, the Defendant: (b) made a publicly obscene act in Masan-ro, where many unspecified people, such as women, etc., coming from the ridge line of D two ridges prior to the Yansan-si Association; and (c) took a sexual organ into custody; and (d) took a sexual organ into custody, and (e) took an obscene act in Masan-ro, where they go to and from an unspecified number of people.

2. At around 18:00 on June 26, 2012, the Defendant: (a) made a publicly obscene act on a mountain route, including, but not limited to, women, etc., who come from DNA mountain at the same place as Paragraph (1) and were going to go to and go to the future, and committing a self-defacing act by going to and from an unspecified number of people, including, but not limited to, women, etc.

Summary of Evidence

1. Each testimony of witness E and F;

1. Investigation report (related to the attachment of screen pictures to be submitted by the victim);

1. Application of Acts and subordinate statutes on mother and child photographs;

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the applicable criminal facts and the choice of fines;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the defendant did not have any fact on May 29, 2012 against D, which is the place where the crime of this case was committed, and that the defendant was committed against D on June 26, 2012, but there was no fact that the defendant committed the crime.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., witnesses E frequently experienced D, from around A of 2011 to several times, and the above witnesses appeared to have observed a witness, and on May 29, 2012, the witness was recorded with a cell phone of a person who has driven by himself/herself while committing self-defense on his/her own as of May 29, 2012; the Defendant stated in the investigative agency that he/she was the person who was exposed to the video taken on May 29, 2012, and the witness was the witness.