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(영문) 창원지방법원 2019.07.18 2018노2623
공연음란
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. According to the evidence submitted by the prosecutor, the court below erred by misapprehending the facts and finding the Defendant not guilty, despite the fact that the Defendant had openly engaged in obscene acts as stated in the facts charged.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor applied for changes in indictment with the content that the prosecutor adds the facts charged alternatively at the trial court. This court permitted this and changed the subject of the judgment, and this court found the defendant guilty of the facts charged alternatively added as follows. Thus, the judgment of the court below cannot be maintained as they are.

3. In conclusion, the court below's decision is reversed ex officio and it is again decided as follows, without examining the prosecutor's grounds for appeal, pursuant to Article 364 (2) of the Criminal Procedure Act, so long as the court below found the defendant guilty of selective charges subject to the trial only at this court, there is no need to separately determine the selective charges subject to the trial at the court below.

【The reason for the judgment of multiple times】 Around 08:30 on April 27, 2018, the criminal defendant operated a G K3 car at the entrance of the N apartment M apartment at the window of Changwon-si to approximately 60 meters near the same GuO, according to the victim H (n, 18 years old). While the driver’s seat window was installed, the defendant made a large number of damages to the victim as soon as possible, and there was a large number of damages. A man is good. A man has such a lot of acts. A man repeated his words and actions by putting the Defendant’s hand with a sexual donation, which led him to a self-defensive act, such as being shakend next below.”

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. The defendant's oral statement in court;

1. The original legal statement of the witness H in the court below

1. This.

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