(영문) 서울서부지방법원 2014.09.18 2014노423

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2014.09.18 2014노423

공연음란등

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Public performance and obscenity among the facts charged in the instant case.

Reasons

1. The summary of the grounds for appeal (as to the public performance and obscenity), the Defendant, under the influence of alcohol at the time of the instant case, was aware of the location where the Defendant was seated as a toilet, and was in a state of mental and physical disorder as well as the intention of public performance and obscenity.

2. Determination

A. The summary of the facts charged and the summary of the public performance and obscenity among the facts charged in the instant case, the lower court found the Defendant guilty in accordance with the evidence of the lower court, on the following grounds: “The Defendant was at the D restaurant located in Yongsan-gu Seoul Metropolitan Government around September 18, 2013, the Defendant exceeded 10 customers and disclosed her will while holding 10 customers, thereby deeming them to have a obscing against them.”

B. According to the judgment of the court below and the evidence of the trial of the party, the defendant is admitted to the fact that the defendant, as stated in the facts charged, sits in a restaurant and can see customers.

However, the following circumstances acknowledged by the record, i.e., (i) the Defendant acknowledged the facts of the Defendant’s defense for customers from the police to the court of the trial at the trial; (ii) stated to the effect that he was aware that the Defendant was frightened by a toilet with the seat of the Defendant, and did not have any awareness that he was obscene on the part of the Defendant; (iii) the Defendant was frightened by the Defendant at the court at the time, on the part of the two-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-old-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-

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