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(영문) 서울북부지방법원 2016.06.16 2015고단2849
공연음란
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On May 23, 2015, the Defendant: (a) 08:30 around May 23, 2015, at a street where many unspecified people pass in Dongdaemun-gu Seoul Metropolitan Government C, and (b) flaging women who are passing through, and flaging their gender.

Patently obscene act was done by means of display.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness D and E;

1. Voluntary accompanying report (obscenity of a public performance);

1. 112 A list of reported cases;

1. Photographs (the defendant and his defense counsel asserts that the defendant was not the criminal who committed obscene acts.

However, the purpose of the witness D's statement and the appearance of the offender, and D's identity are against the criminal defendant.

In light of the background of confirmation, consistency of the statement, the circumstance in which the police officer became aware of the defendant in the vicinity of the scene of the crime, and the criminal records at the time of the defendant, etc., the application of the law shall be recognized as having committed an obscene act as described in the decision by the defendant).

1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. On April 5, 2015, at the entrance of a building located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul around 16:45 on April 5, 2015, the Defendant openly committed an obscene act in a way that a large number of unspecified people walked along the street, scambling the sexual organ, scambling it, and self-defense.

2. The Defendant was at the time of the government, not the place of crime, on the date and time stated in the above facts charged.

The argument is asserted.

In light of the following circumstances recognized by the evidence duly adopted and examined by this court, it is insufficient to acknowledge the above facts charged only by witness G and H’s statements or other evidence submitted by the prosecutor, and there is no other evidence to acknowledge it.

A. G is a fact that he had observed a male who had been a man before his house, but that person H.

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