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(영문) 의정부지방법원 2016.04.07 2015고정330
공연음란
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 14, 2014, within the bus No. 133 "D" owned by Pyeongtaekan Transportation Co., Ltd. around 22:40 on July 14, 2014, the Defendant: (a) unloaded from the bus, to the right angle of E, seated on the second right line; and (b) cut off his own light.

Patently, the act of self-defensing and self-defensive was committed.

Summary of Evidence

1. Legal statement of witness E;

1. Application of the statutes in which part of the witness F's statement is entered in the third public trial protocol;

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant was fluort with sexual intercourse, but did not engage in self-defense as described in the facts charged.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the fact that the defendant committed self-defense as stated in the facts constituting the crime is recognized.

A. On July 16, 2014, E prepared a written statement to the effect that “the Defendant committed a self-defense act” was “The Defendant opened a boomer and her sexual organ with left hand” on the day of the commission of the crime, and the police stated in this court that “the Defendant saw that she was fluored by her sexual organ,” and that “The court held a brupter and her sexual organ and took it in hand.”

The prosecutor's answer to the question was "N", and its credibility is recognized in addition to the following circumstances, the consistency of statements concerning the important part of the facts constituting an offense and the attitude of statements in this Court:

B. The Defendant and E are located at the front seat of each bus and the front seat of each side of each bus. The distance between the two is about 2 m to 3m, and E is put in a strip, such as the Defendant and the defense counsel’s assertion.

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