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(영문) 부산지방법원 2018.05.28 2017고단6214
공연음란
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a teacher who teaches Korean history subjects at D High School located in Busan Dong-gu C.

1. On March 23, 2017, the Defendant discovered that the Defendant was using a mobile phone without being kept in custody of the victim E (17 years old, south) attending the victim E (the 17 years old, south) who was enrolled in the second grade 9 of the above D High School at the fourth grade 4th grade of the above D High School on 16:30, and then deducted the mobile phone from her panty, and repeated 10 times the deduction.

Since then, about 60 students in the second-year course, including the victim who became aware of the fact of cutting off the mobile phone, were fluored by the above students, she placed his/her label in the panty, and her mobile phone in the panty, and described the shape in which he/she has sexual intercourse before and after the luxity of the male.

Accordingly, the Defendant openly obscenityed 60 students in the second year at a place where approximately 60 students observe.

2. At around 11:30, the Korean history class hours in April of the same year, the Defendant stated this in the facts charged of this case’s part of the bell of the male sexual flag pattern consisting of trees of about 25 cm in length at the class of 11:2 grade D High School 2 grade 10 degree of 25cm in length. However, as a result of this court’s verification, the Defendant’s part of the bell of the male sexual flag pattern, which was made by reducing the knife in hand, not the knife body, is recognized. Thus, it is modified as above.

In addition, 35 students, such as B and victim F (16 taxes, souths, etc.), committed acts of causing sexual humiliation, such as bringing about the said teachers to their sexual organ part, describing their sexual organ character, and seeing other students.

Accordingly, the Defendant made a patently obscene act.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, F, and E;

1. Application of Acts and subordinate statutes as a result of verification by this Court;

1. Article 245 of the Criminal Act and Article 245 of the Criminal Act concerning the crime, the choice of punishment, and the choice of fine;

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