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(영문) 인천지방법원 부천지원 2017.11.29 2017고단2124
공연음란
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

To the extent that it does not harm the identity of the facts charged and the defendant's right to defense, part of the facts charged was revised and stated in accordance with evidence.

The Defendant is an apartment house C in Bupyeong-si and a resident of 202 Dong 112.

The above apartment is a corridor-type apartment and the front corridor of the defendant's residence is used for the passage of the residents of the same floor.

On July 13, 2017, at around 17:25, the Defendant opened the entrance door of the above residence, and openly imprisoned the body out of the entrance, and D (52) passing ahead of it by scaming her body with scambling sexual organ by hand, and reporting the form, and causing a sense of sexual humiliation.

[The defendant and his defense counsel denies the crime that the defendant got to close the panty door by leaving the panty door to the spande door, and only d and galle, and did not engage in any public performance and obscene act like the facts charged.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the defendant can sufficiently recognize the fact that the defendant committed obscene acts as stated in its reasoning.

The defendant and defense counsel are without merit.

① At this court, D was present as a witness and took an oath, and stated in detail the background leading up to the witness’s conduct, the defendant’s specific form of conduct, and the circumstances before and after the case.

The statement is consistent with the statement made by the investigative agency and was made by a person who has not been directly experienced;

It is more specific and born to the extent that it can not be seen.

At the time of the statement in the court, the Madern, fear, etc., which was frighted at the time of the statement, showed that the person cannot be able to conduct the appraisal.

D At the risk of criminal punishment due to perjury, no motive can be found to make a false statement in order to gather a defendant.

D. The defendant.

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