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(영문) 대전지방법원 2015.01.14 2014고단3769
공연음란
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 09:50 on June 16, 2014, the Defendant: (a) discovered C (the age of 15) that passed along the front side of the Song-gu Daejeon High School that passed by many unspecified persons; (b) led his female to the driver’s seat by asking the way to the driver’s seat; and (c) shown that the female would flow out to the driver’s seat; and (d) subsequently, the Defendant publicly obscene act on six occasions, such as the list of crimes, from around July 10, 2014, as indicated in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Each letter of self-sufficiency in E, F and G;

1. A statement of H, C, F, and G [the defendant's defense counsel] The defendant's obscene act was committed within a passenger car, and the defendant's act was committed against a specific victim, and thus there is no performance. The "public" under Article 245 of the Criminal Act means that the defendant has a situation in which many and unspecified persons can directly recognize it. The performance of the defendant's obscene act may be recognized even if a multiple number of unspecified persons did not actually recognize it (see, e.g., Supreme Court Decisions 2000Do4372, Dec. 22, 2000; 2003Do2911, Jul. 22, 2005; 2003Do2911, Jul. 22, 2005). According to evidence duly adopted and investigated by this court, the defendant can be recognized that the defendant committed each crime as stated in the judgment in front of and in front of the restaurant, and considering these circumstances, although the defendant was exposed within a passenger car, the defendant's obscene act of counsel is not justified.

1. Article 245 of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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