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(영문) 의정부지방법원 2016.01.11 2015고정1837
공연음란
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) on October 13:00 of the Namyang-si around 13:00, the Defendant discovered that E (12: 12: n), alone, returns home on the street in front of the Namyang-si, Nam-si, Nam-si, and obstructed the way to stop down by following them.

Nr. Ne. N. N.N.

"Publicly obscene act was done by asking his or her sexual organ in a manner of self-defashing."

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by a prosecutor, and the conviction is to be based on evidence with probative value sufficient to ensure that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest in the crime (see Supreme Court Decision 2010Do9633, Nov. 11, 2010, etc.). (b) The evidence that corresponds to the facts charged in the instant case is limited to the written statement of witness E (hereinafter "witness") and the above on-site CCTV images of the witness E. According to the above CCTV images, the images of the witness who appears to be a criminal and the pages of the defendant getting out of the place after the witness's appearance are recorded.

(c)

① At the time of the instant case, a witness stated, “A man’s face is not accurately memory, but is a letter via the 170cc scam in color, blue scams, and black scams,” with respect to the appearance of the criminal at the time of the instant crime, and the face of the criminal was not memoryd at all, and the clothes claimed by a witness may be similar to the clothes of the criminal; however, the said statement alone alone by the relevant criminal defendant publicly obscene act against the witness.

According to the results of video analysis on the above on-site CCTV, the person who is going to the witness at the above-site and the defendant who leaves the scene.

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