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(영문) 대전지방법원 천안지원 2014.08.22 2014고정501

공연음란

Text

Acquittal of the accused shall be acquitted.

Reasons

On March 8, 2009, at around 12:15, Defendant C toilet located in Asan City B, the victim D (the victim 22 years of age) reported melting his sexual organ, and the victim committed an obscene act publicly by committing self-defense, such as booming his sexual organ and spreading his hand.

Judgment

The statutory penalty for the crime of obscenity is imprisonment for not more than one year, a fine not exceeding five million won, detention, or a minor fine (Article 245 of the Criminal Act), and the statute of limitations for such crime is five years.

(Article 249(1)5 of the Criminal Procedure Act. However, the public prosecution of this case constitutes a case where the statute of limitations has expired due to the institution of March 31, 2014 when five years have elapsed since the completion of the criminal act.

It is so decided as per Disposition in accordance with Article 326 subparagraph 3 of the Criminal Procedure Act.