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집행유예
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(영문) 서울지법 2003. 7. 11. 선고 2003고단908, 3033(병합) 판결
[공연음란] 항소[각공2003.12.10.(4),789]
Main Issues

The case holding that an obscene act constitutes an obscene act in a case where he contributed to the nudr model to the new development of the Modrart, thereby tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly scood, thereby exposing the tightly tightly tightly tightly

Summary of Judgment

The case holding that an obscene act constitutes an obscene act in a case where he contributed a new development nudr model to a nudr's nudr's nudr's nudr's nur's nur's nudr's body, added a stage by spreading the ccusdr's body to the body, and thereby exposed the ccusdr's body to the body, and the sound, etc. was exposed.

[Reference Provisions]

Article 245 of the Criminal Act

Reference Cases

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

Defendant

Defendant 1 and five others

Prosecutor

Jina Jina

Defense Counsel

Attorneys Lee Jae-soo et al.

Text

Defendant 1, 2, and 3 shall be punished by imprisonment for six months, by fine for 3,00,000 won, and Defendant 5 and 6 by fine for one thousand won, respectively.

When Defendant 4, 5, and 6 did not pay each of the above fines, the above Defendants shall be confined in a workhouse for a period calculated by converting KRW 40,000 into one day.

However, with respect to the defendant 1, 2, and 3, the execution of each of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

A seized 6mm video tape (No. 1) shall be confiscated by Defendant 2.

Reasons

Punishment of the crime

Defendant 1: (a) the person who is the head of the marketing team of the Seoul U.S. Cooperative; (b) the person who is the representative of the Silopia, the person who is the representative of the Gulopia, Defendant 3; (c) the person who is the president of the Korea Nudrid Model Association; and Defendant 5 and 6, who is a member of the Korea Nudrid Model Association; and (d) the person newly developed and marketed by the Seoul U.S. Cooperative, as a member of the Seoul U.S. Model Association, conspired to contribute the Mod Women's Model to promote the "S's Mods Mads

On January 26, 2003, from around 16:10 to 16:20 the same day, Defendant 3 openly conducted an obscene act by openly exposing the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each prosecutor's protocol of statement concerning Kim Jong-deok and Sudon;

1. Existence of one video tape (certificate 1) by seized 6mm;

Application of Statutes

1. Article applicable to criminal facts;

Articles 245 and 30 of the Criminal Code [Article 245 and 30 of the Criminal Code - Each sentence of imprisonment with prison labor for Defendants 1, 2, and 3, and each fine for Defendants 4, 5, and 6 (Defendant 4 has no same criminal record, Defendants 5 and 6 are first offenders, and each nud model has no benefit from the crime of this case)];

1. Attraction in a workhouse (Defendant 4, 5, 6);

Articles 70 and 69(2) of the Criminal Code

1. Suspension of execution (Defendant 1, 2, 3);

Article 62(1) of the Criminal Act (Defendant 1 and 2 are the primary offenders, and Defendant 3 has no record of criminal punishment exceeding the fine, and the circumstances, degree, etc. of the instant crime shall be considered)

1. Confiscation (Defendant 2);

Article 48 (1) 2 of the Criminal Act

Judgment on the Defendants and defense counsel's assertion

1. The assertion;

The obscenity should be judged relatively according to the time and place of drinking, and even if the event in this case is planned for the consortiumb of cubur, even if it is produced, it is difficult to see that there was a stituous and hostile sexual expression or sexual behavior that distort human dignity or human nature, and that there was a description of self-defense, and in the process of expressing the content that it is cubar, it is difficult to see that there was a stituous expression or sexual behavior that distort the human dignity or human nature, and in the process of expressing the content that it is cubar, it is cubur, and the model is stitubing the body of each other, and it can be viewed as an indecent act in light of the sound social norms of that time, even though it is difficult to see that the act is an obscene act contrary to the sexual morality by stimulating sexual humiliation and impairing normal sexual humiliation, and there was no perception that the Defendants did not have any obscene act.

2. Determination

The phrase “obscenity” under Article 245 of the Criminal Act refers to an act of stimulating sexual humiliation and good morals of the general public at the same time and place. However, even if Defendant 4 et al. did not engage in any act of describing sexual intercourse, it should be viewed as an obscene act that goes beyond the meaning of Defendant 4’s obscenity in the event that Defendant 4 et al. exposed to the obscenity’s obscenity’s obscenity’s obscenity and obscenity’s obscenity’s obscenity’s obscenity and obscenity’s obscenity’s obscenity and obscenity’s obscenity’s obscenity’s obscenity’s obscenity’s obscenity and obscenity’s obscenity’s obscenity’s obscenity’s obscenity’s obscenity’s obscenity’s sexual humiliation, etc.’s obscenity’s obscenity’s obscenity’s act is generally deemed as an obscene act in light of the general sense of sexual humiliation, and thus, the Defendants’ assertion that the obscenity’ obscenity’s obscenity and obscenity’s obscenity’s obscenity’s obscenity’s event.

It is so decided as per Disposition for the above reasons.

Judges Park Byung-hee

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