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(영문) 전주지방법원 2020.01.22 2019고정132
공연음란
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who serves as the head of a post office at C post office located in Kim Jong-si B.

1. On July 11, 2018, the Defendant, as well as D and E, a post office staff member of the above C C C, was seated at the above C post office where many and unspecified petitioners enter, and was able to see, in his/her own will, and her sexual organ above and below.

2. Around the 18th day of the same month, the Defendant, by hand at the same place, knife his sexual organ in the same manner as above, and knife it with the competent authorities and below.

3. Around the 30th day of the same month, the Defendant carried his sexual organ with his hand at the same place in the same manner as above, and was shakend as follows.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement by the prosecution concerning D;

1. Investigation report (on-site verification and telephone communications of the suspect);

1. Voluntary production of evidence collected through an illegal act, such as photographs or video tapes taken by a private person, is not immediately prohibited from submitting all the evidence related to the private life area of the people. As such, the court must decide whether to allow the submission of each of the video files including the video CDs and the USB files (see, e.g., Supreme Court Decision 2009Do5569, Oct. 28, 2010) by balancing the public interest related to the discovery of truth in effective criminal prosecution and criminal proceedings and the personal interest of individuals (see, e.g., Supreme Court Decision 2009Do5569, Oct. 28, 2010) with the appearance of the defendant committing each of the instant acts without the consent of the defendant, which is recognized by the evidence duly adopted and investigated by this court, i.g., that is, it was an inconvenience for the defendant to make a sexual harassment statement.

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