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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On May 14, 2017, the Defendant parked the DSS5 vehicle volume in the vicinity of the C Burial located in Gung-gu, Young-si, Young-si on the side, and unloaded from the driver’s seat to the road, and cut down the lux.
In addition, there was an obscene act such as having been placed.
2. On August 16, 2017, around 02:30, the Defendant stopped the said SM5 car on the street in the front of the building, and stopped it on the F side, viewed it as F, seeing it by hand, and shaking it, etc.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness G and F;
1. The 112 reported case settlement table, respectively;
1. A report of investigation (storage the manual of the skin vehicle), photograph;
1. Determination of the Defendant and the defense counsel’s assertion on two CDs (No. 11 of the evidence list)
1. The summary of the assertion is that the Defendant did not engage in obscene conduct in a public performance as stated in the facts charged.
2. Determination
A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall evaluate the credibility of the statements, taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penology of the witness who is going to make a statement in the open court after being sworn before a judge, and the penology of the statement, etc. When the statements made by the victims, including the victims, are mutually consistent and consistent with the facts charged, they shall not be rejected without permission, unless there is any separate evidence to deem that the credibility is objectively acceptable (see Supreme Court Decision 2012Do2631, Jun. 28, 2012). In addition, where the statements made are consistent with the main part of the statements made in the witness examination protocol after being sworn at the presence of a judge, the credibility of the statements made in the witness examination protocol, such as the appearance and attitude of the witness, and the penology of the statements made in the witness examination protocol, shall not be denied without permission for the mere reason that the statements made in other insignificant matters, etc.