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(영문) 인천지방법원 2018.04.19 2017고정2999
공연음란
Text

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

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

Reasons

Punishment of the crime

On December 25, 2016, the Defendant 22:20 around B, on board the E-area bus in the direction D located in Incheon Yeonsu-gu, Incheon, and was seated and was seated in F, the Defendant openly obscenity committed an act of obscenity by getting off the above F at the front stop in the Namdong-gu Incheon, Incheon, at around 22:20 around 22:20.

Summary of Evidence

1. Legal statement of witness F;

1. The 112 reported departments, CCTV photographs inside buses, internal investigation reports ( CCTVs inside buses), CCTV files CDs (the Defendant did not commit self-defense in buses).

However, in full view of the fact that F made a statement in compliance with the facts charged in this case to the effect that the Defendant had been present at the seat near the Defendant’s seat in which the Defendant was engaged in a self-defense act in the bus from the investigative agency to this court, and that the statement is specific, consistent, and no other circumstances exist to suspect credibility, it may sufficiently recognize the fact that the Defendant committed a self-defense act, such as the facts charged in this case.

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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