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(영문) 수원지방법원 안산지원 2019.02.20 2018고단3570
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

On July 24, 2018, around 08:48, the Defendant: (a) moved the Defendant’s flag and shaking the flag, while the flag passed by the vehicle, E (n, 24 years old) passed by the vehicle on the two-lanes of the D-Flag Road C located in Sinung-si, Sinung-si, B, 2018.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. With respect to the report-112 Report Processing List:

1. On-site photographs;

1. Application of the Acts and subordinate statutes on black stay images;

1. Relevant legal provisions concerning criminal facts and Article 245 of the Criminal Act of the choice of punishment (E is difficult to view that E was erroneous in specifying a vehicle on which a person who had performed a performance or obscenity was on board, inasmuch as he/she reported to the police that he/she had observed a self-defense act in the above vehicle, and reported this fact to the police, and reported the number of the vehicle of the defendant when he/she returned to the police because the number of the vehicle of the defendant was not memory or memory

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On July 5, 2018, the Defendant: (a) around 08:50 on July 5, 2018, the facts charged: (b) at the driver’s seat of a DNA verification color vehicle parked in two lanes adjacent to the parking lot published in F, E (n, 24 years old); (c) on the side of the vehicle, the Defendant left the Defendant’s bar, cut off his sexual flag, and shaking it by hand.

Accordingly, the Defendant publicly committed an obscene act.

2. Determination:

A. In a criminal trial, the recognition of criminal facts ought to be based on strict evidence with probative value, which leads a judge to have such convictions as to the extent that there is no room for a reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent that such convictions are given, the Defendant’s assertion or defense may be asserted.

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