(영문) 수원지방법원 2017.10.27 2017노3728 | 리걸엔진

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(영문) 수원지방법원 2017.10.27 2017노3728

공연음란

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not constitute a public performance or obscene act twice as described in the facts charged.

2. The lower court found the following facts based on the evidence duly adopted and investigated by the lower court, i.e., “E”: (a) witnessing the Defendant to leave the way on July 24, 2016, 01:20, and committing self-defense, and reporting to the police, and reported the Defendant to the Defendant, and (b) discovered the Defendant again on the way on which he walked F, and followed the Defendant, and (c) reported the Defendant to the police again in order to carry out the act of self-defense by putting the Defendant in hand on the taxi platform by standing in the taxi platform and viewing E and F.

“Along with the first police report, E’s testimony is recognized as credibility in accordance with the concrete, consistent, and F’s statement; ② E’s appearance and appearance of the Defendant’s appearance at the time of the first police report; ③ the Defendant asserted that there was no fact on the front way of “D”, which is the place of the first crime; but, upon examining CCTV video for crime prevention installed at the entrance of the above “D,” the Defendant’s appearance towards “D” in the direction of “D” around the time of the crime of this case, the number of men who followed the appearance similar to the Defendant 3 to 4 minutes after the end of the crime of this case, and the direction of “D” was confirmed. ④ After the first police report, E discovered the Defendant with F along with the second police report, and reported the Defendant again at the same time, and secured the personal information of the Defendant by finding the Defendant at that location; ⑤ The Defendant’s first police report that there was no possibility of securing the Defendant’s new character and characteristics of the Defendant 10 minutes prior to the first crime of this case.

E seems to have never reported the defendant to the police over two times with the aim of undermining the defendant's mother.

유사 판례

-의정부지방법원 2016.02.18 2015고정2180

-서울남부지방법원 2018.11.21 2018고단1275

-서울중앙지방법원 2016.05.12 2015노4994

-인천지방법원 부천지원 2016.07.07 2016고단209

-서울동부지방법원 2018.09.14 2018고단1240