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(영문) 대전지방법원 2016.01.15 2015고단2417
공연음란
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On April 8, 2015, the Defendant publicly obscenityed the primary facts charged (obscenity) in the column No. 3 of the Daejeon subway station, which passed through the D subway station located in Seo-gu Daejeon, Seo-gu, Daejeon around April 21, 2015, and had 20 passengers get out of the 20 passengers and exposed their sexual organ.

B. Preliminary facts charged (violation of the Punishment of Minor Offenses Act) Defendant 1 provided other persons with a view to openly exposing the snow at a place where there are 20 passengers and exposing the sexual organ at the same time and place.

2. As the Defendant was under the influence of alcohol on the day of the instant case, memory is unclear, and it may not be set up while serving in the toilets, but it was not possible to get off in the subway and exposing sexual organ.

3. Although the written statement prepared by the Defendant at the prosecution contains a large amount of alcohol and the statement made by the Defendant at the prosecution, it does not contain any specific error.

In addition, the part that the defendant reported to the effect that he was exposed to the sexual organ before the public among the legal statements of Korea Labor Institute E is not sufficient to recognize the facts charged merely with the fact that the defendant was inadmissible as a professional statement and that the defendant was forced to spread.

In addition, there is no other evidence to support the defendant's disclosure of sexual organ, and the crime of violation of the Punishment of Minor Offenses Act, which is the ancillary charge, is not a special rule in the legal aspect of evidence.

Therefore, the primary facts charged and the ancillary facts charged constitute a case where there is no proof of crime, and thus, they are acquitted by the latter part of Article 325 of the Criminal Procedure Act.

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