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(영문) 대전지방법원 2014.09.17 2014노1056

공연음란

Text

The defendant's appeal is dismissed.

Reasons

The court below found the defendant guilty on the sole ground of D's statement, although the defendant did not have committed the same crime as the facts charged, there is an error of law that affected the conclusion of the judgment by misunderstanding the facts.

Judgment

In full view of the following facts and circumstances admitted by the evidence duly admitted and examined by the court below, the court below's determination that the defendant was found to have engaged in patent obscenity in the seat immediately adjacent to the seat where D was seated. Thus, this part of the defendant's assertion is not accepted.

D In the original judgment, it stated in the court below that the defendant has laid down his sexual organ on his side, and that he has started to catch his sexual organ and shaking it.

D The defendant started to catch and scam his sexual organ, and the defendant sent and received the Kakakao Kakao Kakao Kakao Kakao Kakao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao that the defendant should report his act above D is consistent with the statements of D.

On the other hand, D does not seem to have any motive to make a statement unfavorable to the Defendant even when sending a false Kakakao Stockholm message to the branch, and there is no evidence to deny the credibility of D’s statement recognized by the lower court.

The Defendant asserts that there was no way to see the passengers on the bus when she had her own act, but the Defendant did not see that the passengers on the bus did not seem to have been on the rear side of the seat where D had been seated, and thus, passengers on the rear side could not see it. The Defendant’s assertion seems to be acceptable, since female passengers on the side of the Defendant were her mobile phone at the seat where D had been installed on the rear side of the seat where D had been seated, and female passengers on the side of the Defendant were her cell phone at the seat of the earphone, and thus, the Defendant could not see this Chapter if she had her act of self-defense.