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(영문) 대전지방법원 2016.06.29 2016노218
공연음란
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts) lies in the judgment of the court below which acquitted the defendant on the grounds that the defendant made a confession in the prosecutor's office, and the defendant made a statement of labor E, the statement of 112 reported cases, and the judgment of the court below which acquitted the defendant on the ground

2. Determination

A. The summary of the facts charged is as follows: (a) On April 8, 2015, the Defendant made a public obscene act by openly exposing 20 passengers and exposing their sexual organ from the Daejeon subway No. 3 that passed through the Daejeon Seo-gu Daejeon, Seo-gu, Daejeon on April 8, 2015.

2) The Defendant of the Preliminary facts charged (Offense of Violation of the Punishment of Minor Offenses Act) provided other people with a view to open space where there are 20 passengers and other people’s eye at the above date, time, and place with 20 passengers, and exposed their sexual organ to the public.

B. The lower court found the Defendant not guilty of the primary charges and the ancillary charges on the ground that there is no evidence to support the fact that the Defendant disclosed his sexual organ to the public, and that there is no evidence to support the fact that the part of the Defendant’s written statement prepared by the prosecution does not specifically mislead, and that the Defendant was reported to the effect that the Defendant was exposed to the sexual organ before the public among the service personnel E’s legal statement, the admissibility as a professional statement is inadmissible, and that the Defendant was spreaded, and there is no other evidence to support the Defendant’s openly exposed sexual organ, and that there is no evidence to support the Defendant’s crime of violation of the Punishment of Minor Offenses Act, which is the ancillary charge.

(c)

(1) According to the records, the defendant has not reported the date of seen in the toilet in the prosecutor's office.

Many people Oral have taken place in the subway.

was wrong.

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