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(영문) 인천지방법원 2019.01.11 2018노2563
공연음란
Text

The prosecutor's appeal is dismissed.

Reasons

1. The grounds of appeal can be seen as either the wall against the defendant or the victim and the side of the victim. However, the court below found the defendant not guilty of the facts charged of this case, which erred in the misunderstanding of facts, even though the defendant was guilty of the facts charged of this case.

2. According to the evidence duly adopted and examined by the court below, the defendant viewed the wall to the alley part, which is under the influence of alcohol and does not frequent people during the night hours, and it can be recognized that the vehicle driven by C return its body to the string part and continuously changed the body of C during the night, and therefore, C may be deemed to have caused severe displeasure to the defendant's act during the night. However, as shown in the facts charged in this case, it cannot be said that the defendant intentionally obstructed the vehicle of C, and caused C to feel a sense of sexual humiliation by taking the urine into consideration the vehicle, and thus, it cannot be said that the defendant intentionally obstructed the vehicle of this case and caused C to feel a sense of sexual humiliation. Thus, the judgment of the court below that acquitted the defendant is correct, and there is no error of mistake of facts pointing out by the prosecutor, and the prosecutor's

3. The appeal by the Prosecutor is dismissed. It is so decided as per Disposition.

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