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(영문) 전주지방법원 군산지원 2013.10.02 2013고단660
공연음란
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:00 on November 21, 2012, the Defendant publicly obscenityd 10 other students, female students, and teachers, who were in the fire drill before the chilling event in the D Middle School St, located in Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Voluntary reports, photographs of suspects, each investigation report, investigation report (report attached to photographs), application of Acts and subordinate statutes to photographs;

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

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)

1. The gist of the assertion is that the Defendant did not have any act of showing sexual organ in front of students and teachers, even though the Defendant did not have a few times in the DNA middle school substitute playgrounds.

2. In general, in the criminal identification procedure by the appearance, etc. of the suspect, the suspect’s statement in such a method is a witness’s statement in addition to the victim’s statement, and there are other circumstances to suspect the suspect as a criminal, because it is possible for the suspect or a person on his/her photograph to have the suspect suspected of being a criminal under the limit and inaccuracy of human memory and its detailed circumstances.

Unless there are any additional circumstances, such as whether it is required or not, it shall be deemed that the credibility thereof is low.

Therefore, in order to enhance the credibility of a witness's statement in the criminal identification process, the offender's identity is increased.

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