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(영문) 수원지방법원 2020.05.14 2019고단7834
공연음란
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant and the victim B (the 25 years of age, the 25 years of age, the female) have no relationship.

On September 16, 2019, from around 01:30 to around 01:37, the Defendant opened a window to turn on the electric lights, etc. of the room in Suwon-si C and his second floor in the area of Suwon-si, Suwon-si, and opened the window, and used a publicly obscene act, such as engaging in self-defense, etc., of approximately seven minutes of sexual organ, in a bad condition.

Summary of Evidence

1. Partial statement of the defendant;

1. B Legal statement;

1. Each field photograph, investigation report (Evidence List No. 7) Defendant and defense counsel asserted to the effect that the Defendant’s act of obscenity in his room had no intention of openly obscenity to the effect that the Defendant had committed a obscenity act, or that it had no intention of openly obscenity in an unspecified or many unspecified persons.

The term "public performance", which is the constituent element of the crime of public performance and obscenity, is sufficiently recognized if it is possible for unspecified persons or many people to recognize obscene acts, and does not require them to recognize obscene acts in reality.

The defendant is living on the second floor of a building located in a house, and the alleyway of the building is a place where many, unspecified or many people frequent, and in the building where the alleyway is located between them, many people, including the victim B, are living.

As stated in the facts constituting a crime in the judgment, in the case where the defendant obsting the electric power, etc. in the room and opening the window to work on the side of the window and doing obscenity over several minutes in a vertical way, it seems that people living in the front alley of the building could be fully aware of the obscenity of the defendant, and in fact, the victim B, who is living in the building adjacent to the defendant's dwelling, directly witnessed the obscenity of the defendant and took the head of the defendant's cell phone to photograph the defendant's cell phone.

In full view of the above circumstances, the defendant is the defendant.

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