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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal by the Defendant and his defense counsel (misunderstanding of the facts and legal principles) was found to have stopped JK5 vehicles at the time and place stated in the facts of the offense of the lower judgment, and the place of the transaction partner. However, the Defendant did not have any obscene act, i.e., unloading the senior window on the vehicle and showing the victim’
On the other hand, the above act was conducted on the closed vehicle.
Even if there is no “public performance” and the victim does not constitute “obscenity” by doing an act to the extent that the victim’s inconveniences.
Nevertheless, the lower court erred by misapprehending the facts and misapprehending the legal principles of performance and obscenity, thereby adversely affecting the conclusion of the judgment, on the grounds of the statement of the victim without credibility.
2. Determination
A. In full view of the following circumstances acknowledged by the court below and the evidence duly admitted and examined by the court below, it can be recognized that the defendant stopped the vehicle at a bus stop where the victim was seated and was out of the open door.
① From the investigative agency to this court, the victim made a statement to the effect that “I saw the face of the defendant as the front window, which is the price for the vehicle waiting for the bus by waiting for the bus stop, with the front window which is opened in the vicinity of the person in question, and the face of each other is changed. I saw that the above vehicle has been stopped without the passage of the above vehicle, and even if the defendant was stopped at stopping, I am going out with the gender of the defendant, I am specific and consistent as to the appearance, clothes, straws, etc. of the defendant at the time.”
(2) The injured party has observed the crimes of the accused and taken a back of the FK5 vehicle, which is going to turn on an emergency, etc. at a level of 30 meters with a Handphone, while going to the bus, and sit on the bus to another person who is not supported well.