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(영문) 춘천지방법원 2014.10.07 2014고단814
공연음란
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On August 10, 2014, the Defendant, at around 20:40 on August 10, 2014, parked a vehicle owned by the Defendant at the front of the second apartment site in front of the Gojin-gu, Switzerland, 53, in a manner that opened the front window in front of the second apartment complex, and stopped a vehicle owned by the Defendant, colored the object of the crime in the said vehicle, and discovered the victim C (18 years old), cut off the panty, stopped the said vehicle, stopped the vehicle before the victim, and stopped the vehicle, and turned the vehicle in front of the victim, and made it possible for the Defendant to view the Defendant through the the front window in which the victim is opened, and made the use of the obscenity so that the Defendant can be seen through the obscenity, and made it public by doing an act of obscenity and self-defacing with a sculing hand.

B. On August 13, 2014, the Defendant: around 00:20 on August 13, 2014, the Defendant stopped the said car while opening the first window on the front of the second apartment at the Sacheon-si, Sacheon-si, Sacheon-si, with a view to stopping the said car at the front of the second apartment house; and discovered the victim D (the 16-year age), and E (the 16-year age), and found the victim’s obscene act before the victims in the manner described in paragraph (1).

2. The crime of public performance and obscenity is established when a public performance and obscenity was committed publicly, and the term “public” refers to a state in which many and unspecified persons can recognize it.

Meanwhile, although the Defendant acknowledged all the facts charged in the court, it is difficult to view that the Defendant’s confession statement goes beyond recognizing the offender’s body at the time of the instant case, thereby recognizing the performance of the above meaning. If the Defendant’s confession statement was made in a confession including performance, it is difficult to believe the Defendant’s statement in light of the following judgment based on the remaining evidence except for this, if it is deemed that the Defendant’s confession statement

Therefore, this paper examines only the remaining evidence except the defendant's statement in court.

A. Comprehensively taking account of the evidence submitted by a judgment prosecutor regarding an act on August 10, 2014, the Defendant is around 20:40, which was at night on August 10, 2014.

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