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(영문) 수원지방법원 성남지원 2015.04.03 2014고정2132
공연음란
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 12:10 on July 10, 2014, the Defendant discovered E (the age of 22) waiting for buses at the bus stops in front of the D apartment site at the time of strike, and publicly obscenity shown a sexually obscene act by openly displaying the front window of the vehicle so that the above E, who stopped the FK5 vehicle operated by himself, can see the inside of the vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the police statement of E;

1. Photographs photographs of E;

1. Application of Acts and subordinate statutes by cutting down a cell phone number with a cell phone photograph affixed;

1. Relevant Article 245 of the Criminal Act concerning the facts constituting an offense and Article 245 of the Selection of Punishment;

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

1. Article 334(1) of the Criminal Procedure Act provides that the defendant's criminal act of this case is denied. However, in light of the following: (a) the witness's statement made by E, who had witness to obscene acts of the defendant, is consistent from the investigative agency to this court; (b) the witness's statement about the appearance, clothes, acts, etc. of the defendant at that time is specific; (c) the witness's photograph taken by the defendant at this court to confirm that the image of the defendant is reliable; (d) the vehicle photograph and the number of the vehicle on which the defendant was posted after witnessing the defendant's obscene act is recorded; (d) the vehicle type and the vehicle number of the defendant's vehicle coincide with the vehicle owned by the defendant; (d) the circumstances and the time when the witness took the photograph as above; and (e) the interval between the witness and the time when obscenity acts were observed, it appears that there is no possibility that the witness misleads the defendant about the vehicle or made a mistake in the vehicle number; and (e) special circumstances that the victim could not know the defendant's any falsity.

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