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(영문) 대전지방법원 2014.09.17 2014고단1236
공연음란
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 5, 2013, at around 16:30, the Defendant stopped the Defendant’s CSS5 car at a children protection zone located in front of the 49 pule-dong, Y-dong, Y-dong, 12-ro, YU-dong, YU-dong, 12, and thereafter, the Defendant publicly obscenityd the Defendant’s sexual organ by putting the driver’s seat on the lower side and panty, and making the driver’s seat open on his hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D;

1. Investigation reports and investigation reports (to listen to the victim's D phone statement);

1. Application of statutes on site photographs;

1. Article 245 of the Criminal Act applicable to the crimes;

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

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, and the argument that there was no intention of public performance and obscenity as to the panty and panty in a passenger car. However, it is difficult to accept it in light of the following: (a) the act of parking on the road side coming and going through by the players and exposing the obscencies that are difficult to see the obscencies; and (b) the degree of obscenity, etc.

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