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(영문) 수원지방법원 평택지원 2013.09.12 2013고정404
공연음란
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 19, 2013, at around 08:47, the Defendant openly seeed and applied for an obscene act by exposing bucks and clothes to those female students at the front of Pyeongtaek-si, E, a student of D High School, who was attending school in front of Pyeongtaek-si, by exposing bucks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

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

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes on site photographs to each suspect;

1. Relevant Article 245 of the Criminal Act concerning the facts constituting an offense and Article 245 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the defendant only reported his defense at the time, and even if he was exposed to sexual organ as stated in the facts charged, such act alone cannot be deemed as having committed a “obscenity act” under Article 245 of the Criminal Act.

2. According to the aforementioned evidence, such as the witness stand witness E’s legal statement, the Defendant, at the time, was applying for E with rhythrhing the way coming from E with rhythrh and exposing his sexual organ, and the fact that he was not immediately covered even after E and E, can be sufficiently recognized as charged.

(On the other hand, the above E stated in this court that "the defendant was not able to report the side and left the match." On the other hand, "obscenity act" under Article 245 of the Criminal Code refers to an act contrary to the concept of sexual morality by stimulating ordinary people's sexual desire and impairing normal sexual humiliation. Thus, if the defendant was exposed to her sexual organ, he shall generally be sexually sexually sexually sexually sexually.

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