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(영문) 수원지방법원 2018.05.17 2018고단264
공연음란
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 29, 2017, from around 15:30 to 16:00, the Defendant was seated in the reading room in E general reading room located in E general reading room in the ethic City of harmony, and was laid off from the sexual flag.

The act was openly obscene with the left hand, and then was committed in a way that is shaken below the above.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness F, G, and H;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Determination on the assertion between the two CDs and the defense counsel

1. Although the defendant had a flive effect on the part of clothes at the time of the instant case, he had not exposed to sexual organ and had not committed any obscene act by openly exposing sexual organ.

2. Determination

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall assess the credibility of the statements, taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penance of the statements made by the witness in the open court after taking an oath before a judge, as well as whether the statements made by the victim, etc. conform to the rationality, logic, contradiction, or rule of experience in the statement itself, or those made by the third party, and whether the statements made by the witness, including the victims, are consistent with the facts charged. The court shall not dismiss them without permission unless there is any separate evidence that can objectively deem the credibility of the statements made by the victim, etc., objectively and objectively (see Supreme Court Decision 2012Do2631, Jun. 28, 2012). Moreover, considering the following circumstances, the credibility of the statements made by the witness examination protocol, including the statement made in the open court after taking an oath before a judge, it shall not be denied without permission for the following reasons.

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