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(영문) 수원지방법원 안산지원 2014.12.10 2014고정1288
공연음란
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On June 22, 2014, the Defendant: (a) around 17:00, the Defendant, who was seated in the second seat of the victim D, seated in the Cheongju-si bus bus bus bus bus 6 and the Cheongju-si bus 2 located in the Cheongju-si bus 2, which was located in the Cheongju-si bus 17:00, publicly obscene act.

Summary of Evidence

1. As long as the Defendant’s partial statement in the court and his defense counsel at the time of the crime committed the crime, inasmuch as they had taken the Defendant’s sexual organ at home to alleviate the pain in a situation where the Defendant suffers from the boom, the Defendant’s above act does not have performance and obscenity, and even if so, the Defendant’s act constitutes obscenity.

Even if this constitutes an emergency evacuation, it is argued that the defendant should be acquitted even if it comes to what mother, but the following circumstances recognized by each of the above evidence, namely, ① although the defendant suffers from a bracker, the bracker method to relieve the pain does not directly take charge of her sexual organ by hand, but it is difficult to accept the defendant's change that her fingers were laid down in an anti-fracker with her sexual organ for the purpose of mathing, and ② The victim who was seated on the side of the defendant appeared to have her sexual organ out of the defendant's stop, and the defendant seems to have been present at the place where the passengers could have been aware of the above behavior of the defendant, ③ The defendant's act of bracking her sexual organ into the bus, and the defendant's act of bracking another person as well as the act of causing a sense of sexual humiliation in the bus.

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