logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.02.06 2013노1130
공연음란
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The judgment of the court below which found the defendant guilty of the facts charged in this case on October 15, 2012 by misunderstanding the facts that the defendant, around 12:30 on October 15, 2012, had a representative in the park event located in the front of Yongsan-gu Seoul Metropolitan City, but there was no act of self-defense by hand with sexual organ exposure, although he did not perform his act of self-defense by hand.

The punishment (fine 500,000) imposed by the court below on the defendant is too unreasonable.

Judgment

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., (i) D, around 12:30 on October 15, 2012, at the E park located in Yongsan-gu, Yongsan-gu, Seoul, where the defendant was exposed to her will and panty, and (ii) D was aware of the same fact with the husband at the time of telephone, and reported to the police by the husband. At around 17:00 on the same day, D confirmed the same fact as the increase of the male's appearance, and (iii) D, at around 12:30 on October 15, 2012, when considering that there is no possibility that the defendant was aware of the possibility that he was aware of another person's appearance in the court of the court below, it is sufficiently reasonable to acknowledge the defendant's act of mistake as described in the judgment of the court below.

The crime of this case on the assertion of unfair sentencing is due to the Defendant’s act of self-defense in a park where many unspecified people pass so that they feel sexual humiliation or aversion, and its nature is bad, and the Defendant is at the trial.

arrow