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(영문) 서울동부지방법원 2017.08.24 2017고단63
공연음란
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On March 2016, the Defendant publicly committed an obscene act, such as unloading a bomer, booming a sexual organ and scambling it with hand, etc., while viewing female students of the said school on the alleyway in Songpa-gu Seoul, Songpa-gu, Seoul.

B. On August 2016, the Defendant openly committed an obscene act, such as unloading a brupter that the Defendant was suffering from the said school while female students were viewed at the alley in the direction of the post of the pertinent D school, and committing a self-defensive act by scambling sexual organ in his/her hand.

(c)

On August 2016, the Defendant openly committed an obscene act, such as unloading bombs and scambling sexual organ in his hand, while viewing female students of the above schools from the alley in the direction of the latter part of the D School.

(d)

On November 25, 2016, at around 17:00, the Defendant openly committed an obscene act, such as unloading a boomer and scambling a sexual organ in his hand, while female students of D schools were viewed from the Flaundry Building in Songpa-gu Seoul Metropolitan Government.

E. On November 30, 2016, around 13:20, the Defendant publicly committed an obscene act, such as unloading a bomer and scambling a sexual organ with hand, while female students in front of the said D school were viewed as having been female students of the said D school.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by a public prosecutor, and the conviction of guilt is to be based on evidence with probative value that makes a judge feel true enough to have no reasonable doubt. Thus, if there is no such evidence, even if there is no doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010).

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