(영문) 광주지방법원 2017.02.10 2016고단4782

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크기(pt)

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줄 간격

자간(%)

(영문) 광주지방법원 2017.02.10 2016고단4782

공연음란

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 21, 2015, the Defendant: (a) around 13:00, and around 13:00, at the Seopopopopo City C, many unspecified people passed D; (b) at the time, E, etc. was able to get off and shot off the Defendant while reporting the Defendant; and (c) took it as his hand and shaking it.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement in the police statement protocol against E;

1. It is true that it is true that the defendant committed the same crime as the facts charged in consideration of the age and career of the defendant and all the circumstances at the time of the occurrence of the case, such as field photographs.

However, the E and the Defendant’s moving path of witnessing the instant crime, the situation in which E initially franced the Defendant, the Defendant’s behavior, response to E, and the situation after the commission of the instant crime are specific to the extent that E’s statements about the situation after the commission of the instant crime are visible, as well as the detailed descriptions of the location where the instant case occurred and its surroundings, and the situation at the time, and the statements at the investigative agency and the court are consistent with them. As such, E is deemed to have erred or not deemed to have been erroneous.

It does not seem that it does not appear.

A false statement was made by E at the first place in a tourist destination with the intent to put the Defendant at risk of criminal punishment until he/she is punished for perjury, and there was no reason to put the Defendant at risk of criminal punishment.

In addition, the E’s statement is sufficient in light of the following circumstances: (a) the E’s attitude to make a statement in the court of law (it does not seem to have diminished the credibility of the statement due to the fact that it was caused by the interest of the damaged party or the lack of experience in testimony; (b) the E’s statement is sufficiently made.

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