(영문) 서울동부지방법원 2015.10.30 2015고단2170

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줄 간격

자간(%)

(영문) 서울동부지방법원 2015.10.30 2015고단2170

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 June 14, 2015, at around 17:40, the Defendant: (a) unloaded the front of the victim C (V, 24 years of age) and the victim D (V, 51 years of age) who was under book in the Dong-dong, Gangdong-gu, Gangdong-gu, Seoul, about 210-4; (b) exposed the sexual organ; and (c) exposed the sexual organ to the sports organization in the park.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Each legal statement of the witness C and D;

1. Application of the respective laws and regulations of C and D

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserted that the defendant merely saw the defendant as a breath and her defense counsel with the intent not to go under the influence of alcohol, and that the defendant did not engage in any act against the sexual organ as stated in the facts charged.

However, in light of the following circumstances acknowledged by the evidence as above, namely, ① C and D appear to have been at a close distance from which it could sufficiently distinguish whether the Defendant reported her sexual organ from the her sexual organ. ② Moreover, C and D continued to observe the Defendant’s sexual organ for about 1 to 2 minutes, and thus, it appears that it could sufficiently grasp the Defendant’s act. It is consistently stated from the investigative agency to this court that the Defendant committed an act of secreting the sexual organ to the her sexual organ. ③ In particular, C and C clearly stated that the Defendant was not in a situation in which her sexual organ was viewed, and that the Defendant had been contacted with the her sexual organ, such as the criminal facts written in the judgment of the Defendant, and that it was clearly stated that it continued to contact with the her sexual organ.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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