(영문) 수원지방법원 2020.09.10 2020고단781

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.09.10 2020고단781

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

Punishment of the crime

At around 06:54 on August 3, 2019, the Defendant: (a) returned to the public resting room for both men and women of the second floor “C Sarina” located in Ansan-si B; and (b) returned to the joint resting room for men and women of the second floor of “C Sarina,” and, (c) took the sexual organ into fry with a suping supbry fry fry, and (d) stated in the instant indictment that the Defendant committed self-defense by means of putting the sexual organ on his hand and then suping it below; (b) however, D only stated that the police and the Defendant committed self-defense by means of taking his sexual organ on his hand.

Even if this part of the facts charged is modified and recognized in accordance with the purport of D without a separate amendment of indictment, it does not seem that the defendant's exercise of his/her right to defense would be a substantial disadvantage, and it is corrected as above.

By means of self-defense, publicly obscene acts were committed.

Summary of Evidence

1. The CCTV images, CCTV images, CDs, on-site photographs, and the Defendant and the defense counsel asserted that the Defendant did not commit any act of self-defense by means of taking the sexual organ against the Defendant’s will.

D) From the investigative agency to this court, the Defendant appeared to have satched a satch by taking out the sex at the right side of soup with approximately 5 to 10 seconds, and had satched a satch by taking a sexual organ at approximately 5 to 10 seconds, and the victim consistently stated to the effect that the Defendant satched the satch and suspended the act of self-defense.

Not only is it possible to make the victim's statement without direct experience, but also is not in violation of the empirical rule in major parts of the statement, such as the date and place of the crime, the background and method of the crime, and the situation after the crime, but also in the background leading to the statement and the attitude of the statement in the court.

유사 판례

-의정부지방법원 2019.10.25 2019고단2942

-인천지방법원 부천지원 2018.10.10 2018고단2239

-수원지방법원 안양지원 2019.10.02 2019고단1119

-대전지방법원 2019.11.29 2019고단1888

-서울남부지방법원 2016.07.06 2016고단237