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(영문) 수원지방법원 2015.11.12 2015고단4047
공연음란
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

At around 16:20 on June 17, 2015, the Defendant openly obscenityd by the students of neighboring HH high schools by putting their windows up at least 2/3 while parking a car quantity for G observer test in front of the F Middle School E, which was cut on the Defendant’s possession on one-lane one-lane, and by taking off the driver’s seat at one-way, and allowing female students to feel sexual humiliation.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of I;

1. On-site photographs;

1. Reports on internal investigation (victim I's statement);

1. Investigation report (on-site investigation and attachment of photographs);

1. Application of Acts and subordinate statutes to investigation reports (HJJ hours on the day of the case);

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

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

1. The defendant and his defense counsel asserted that the act of the defendant's judgment on the issues of Article 16 (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order cannot be deemed to have been done openly. However, considering the following circumstances acknowledged by the above evidence, namely, the place of the ruling is a road adjacent to India where many unspecified people may pass without any restriction, and in fact, neighboring He High School, F Middle School, and J High School students often use the side passage to the place of the ruling for attending school. The place of the ruling is a place less than ten meters away from the intersections of F Middle School, J High School, and J High School. On the day of the case, the near H High School students going to the ruling of the defendant and directly witness the crime of the defendant at 4 p.m. and since the defendant's vehicle was not cut, a person outside the vehicle could easily witness the inside of the vehicle.

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