logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2014.01.14 2013고단859
공연음란
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:30 on July 25, 2013, the Defendant publicly committed an obscene act, such as “E” operated by D in Chuncheon-si C, F and alcohol without any justifiable reason, such as “E in the restaurant, and panty sty sty sty sty sty sty sty sty sty sty sty sty sty sty sty sty sty sty sty sty sty styp, one sty sty sty styp, one sty sty styp, and one sty sty sty sty sty sty styp

Summary of Evidence

1. Legal statement of witness D;

1. The prosecutor's office and the police's statement concerning D;

1. Determination as to the defendant and his defense counsel's assertion of each investigation report (as to the investigation report at the mid-to long-term district level, G counterpart investigation)

1. The defendant and his defense counsel asserted that there is no obscenity act such as the defendant's written indictment at the time of this case, and even if not, the defendant and his defense counsel do not constitute a crime because they lack the requirements of public performance in the defendant, F, D only at the time.

2. The term “patent” under Article 245 of the Criminal Act refers to a state in which an unspecified person or a group of people, who is the other party to the act, can be directly aware of the fact, and performance is sufficient when obscenity is likely to be recognized by an unspecified person or a large number of people, and in reality, it does not require recognition of obscenity. Thus, performance should be recognized even if multiple and unspecified persons have not been actually aware of the fact, or there was no traffic person at the time of the occurrence.

According to the evidence in the summary of the evidence mentioned above, at the time of the instant case, only D only the Defendant and the driver of the cafeteria F and the cafeteria was in the E cafeteria, and the cafeteria became a line, and the cafeteria was not well seen outside the cafeteria, but there were many unspecified people who are going to and from the E cafeteria.

arrow