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(영문) 의정부지방법원 고양지원 2014.07.08 2014고정641
공연음란
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around 07:30 on February 2, 2014, the Defendant publicly made an obscene act by greging from the corridor of the apartment in front of the Yongsan-gu Seoul Metropolitan City C apartment 903, 402, and following D (the age of 47) that is the resident of the above apartment in the state of body.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes of D;

1. Article 245 of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument refers to the act of obscenity under Article 245 of the Criminal Code, which causes sexual interest and damages normal sexual humiliation by stimulating ordinary people's sexual desire, and thus goes against the concept of sexual morality. The above act of the defendant is merely an act of diving apartment corridor under the state of brupt, and it is difficult to regard it as an obscene act under the Punishment of Minor Offenses Act.

2. In a case where the Defendant was discharged from all clothes and was exposed to her body in a situation where an unspecified or many unspecified persons are able to know, that act is an obscene act contrary to the concept of sexual morality by undermining ordinary people’s normal sexual humiliation, and it does not constitute a subjective sexual purpose, such as the interest and satisfaction of sexual humiliation.

(See Supreme Court Decision 2000Do4372 delivered on December 22, 2000, etc.). Accordingly, the Defendant’s above assertion is rejected.

It is so decided as per Disposition for the above reasons.

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