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(영문) 대전지방법원 2014.03.26 2013노2037
공연음란
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (the fact-finding, mental or physical disorder, and unreasonable sentencing) is that the defendant was guilty on the sole basis of the witness's statement, and the judgment of the court below is erroneous by misapprehending the facts and affecting the conclusion of the judgment. The court below erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

The punishment (fine 2 million won) sentenced by the court below on unreasonable sentencing is too unreasonable.

The judgment of the court below on the defendant's assertion of mistake of facts is recognized as follows based on the evidence duly adopted and investigated by the court below, i.e., ① the witness Doese from the investigative agency to the court of the court of the court below to see that the defendant was making a self-defeasing with himself/herself by standing to a fluor with his/her friendship in the park; ② the defendant was making his/her own fluor with his/her own fluor with his/her own fluor and her own fluor with his/her own fluor, and the defendant was making a self-defasing, and even after his/her report to the police, he/she consistently stated that he/she continued to put his/her sexual organ into the park and went back to the park. ② The "obscenity's obscenity act" under Article 245 of the Criminal Act means that he/she caused sexual humiliation and harm the normal sexual sense by stimulatinging his/her ordinary person, so it is difficult for the defendant to have made his/her fluoral behavior.

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