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(영문) 전주지방법원 군산지원 2016.05.25 2015고단1088
공연음란
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 26, 2015, at around 14:40, the Defendant requested that E (n, 46 years of age) who is an employee of the Defendant enter the address in the Ftoscar or car installed in the F to be owned by the Defendant, and requested that the Defendant enter the address in the company. On the next side, the Defendant’s bridges coming between the two sides of the west and the right side of the west.

The patently committed obscene acts.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement (a) (a) the Defendant denies the crime; (b) the shot E, from an investigative agency to this court, had the Defendant enter his address in this section on the day of the instant case; (c) the Defendant’s location, attitude, clothes clothes, whether the Defendant was placed in a sexual organ, his sexual organ, and the part where the Defendant’s sexual organ and physical contact had been sexual intercourse; and (b) intentionally reported false facts to be punished for the Defendant or received agreements from the Defendant.

(3) The Defendant attempted to reach an agreement by finding E after the case was filed on July 26, 2015.

In full view of the fact that it is difficult to easily understand that the defendant attempted to reach an agreement again despite the defendant's absence of any error, the statement of E can be sufficiently recognized as credibility.

Application of Statutes

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant and the defense counsel’s assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order is acknowledged, even if the Defendant’s sexual exposure was acknowledged, since only E was able to see the Defendant’s sexual organ at the time, the performance prescribed in Article 245 of the Criminal Act is recognized.

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