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(영문) 광주지방법원 2018.02.09 2017고정1746

공연음란

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 11, 2017, between around 13:54 and around 14:22, the Defendant publicly made obscene acts such as inserting a sense of sexual humiliation to E (17 years of age, female) who had been present at the back of the Defendant’s seat, by inserting a obscenity video into the inner part of the building adjacent to the building of Gwangju-gu, Gwangju, by inserting a obscenity video in his/her cell phone, and making him/her feel a sense of sexual humiliation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Entry in the statement of the police statement in relation to E [the actions made by the defendant on board the bus, the fear and reaction of E, the process of moving the defendant's occupation, the circumstances before and after the commission of the crime are specific enough to be consistent and visible.

A false statement was opened on the bus on the day of the instant case with the intent to put the defendant at risk of criminal punishment until the victim initially sees the defendant at the risk of criminal punishment, such as without any reason to put the defendant at risk of criminal punishment.

볼 만한 사정이 전혀 없는데 다가, E의 법정에서의 자연스럽고 꾸밈없는 진술 태도를 더해 보면, E의 진술에 충분히 믿음이 간다.

The term “obscenity act” under Article 245 of the Criminal Act refers to an act contrary to the concept of sexual morality by stimulating the sexual desire of the general public, causing sexual interest and impairing normal sexual humiliation.

According to the statement of E, after the defendant was on board the bus, he was able to check his sexual organ by putting his fingers into the bus "Yadong", putting his fingers into the bus, cut out or dried, and immediately thereafter, he continued his behavior for five minutes, although he was aware that E was waiting to act as a defendant, and therefore, he continued to act for five minutes, and the facts charged in this case can be fully recognized).

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;