(영문) 대구지방법원 김천지원 2015.12.23 2015고단1076

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(영문) 대구지방법원 김천지원 2015.12.23 2015고단1076

공연음란

Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall embarrasses or displeasure any third person by excessively exposing his/her inner body or exposing any place that should be visible to the public in a place that is open to the public in the view of many people.

Nevertheless, around May 28, 2015, the Defendant 19:15, around May 28, 2015, around the entrance of the Dart E (n.e., women, age 25) before the entrance of the Dart in Gumi-si C, sent off the flab in front of many people, and read the flab and flabing the sexual flag to other people.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a investigation report (including attached photographs), such as the details of the visit to the site (including Chapter III);

1. Article 3 (1) 33 of the Punishment of Minor Offenses Act applicable to the crime and Article 3 (1) 33 of the Punishment of Minor Offenses Act (elective of fines: The fact that the defendant recognized the crime in this case and does not repeat again, the age, character and conduct, environment, etc. of the defendant is considered);

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

1. Application of Article 334(1) of the Criminal Procedure Act to the provisional payment order;

1. On May 28, 2015, the Defendant: (a) around May 19:15, 2015, at the entrance of the Damart E (at the age of 25) and other people, laid down the Mamart E (at the age of 25) before the entrance of the Damart located in Gumi-si, and laid down the mambs and laid down the urine, thereby openly obscenity.

2. The Defendant stated that, under the influence of alcohol at the time of the police investigation, the police officer was under the influence of alcohol to report a photograph taken by a police officer who was sent to the scene while under the influence of alcohol. The Defendant stated to the effect that, under the influence of alcohol at the time of the police investigation, the Defendant was under the influence of alcohol to the effect that he was under the influence of alcohol due to lack of health and thus, he was under the influence of alcohol.

The term "obscenity" as defined in Article 245 of the Criminal Code means sexual humiliation and sexual humiliation by stimulating ordinary sexual desire.

참조조문

-경범죄 처벌법 제3조 제1항 제33호

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