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(영문) 수원지방법원 2017.11.03 2017노1608
공연음란등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for a year and a fine of two million won.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. In full view of the evidence submitted by the prosecutor, including the statement of witnesses of fact-finding, the lower court acquitted the Defendant of this part of the facts charged, which was erroneous in the misapprehension of the facts and affected the conclusion of the judgment, despite the fact that the Defendant had openly committed an obscene act as described in the facts charged, as of June 8, 2016 and December 1, 2016.

B. The sentence of the 2nd sentence of the Sentencing Decision (the 8 months of imprisonment and the 2nd sentence of the suspended sentence) is too uneased and unfair.

2. Determination on the assertion of mistake of facts as to the obscenity of a public performance

A. The summary of the facts charged in this part of the charges 1) The Defendant was waiting for a bus at the bus stops in front of the 101-dong bus stops in the Suwon-gu, Suwon-si, Suwon-si on June 8, 2016, when driving YK7 vehicles around 15:15, the Defendant was waiting for a bus.

The vehicle stops in front of the bus stop that finds AA (the age of 19) and stops the vehicle, gets the first window, and continuously see A while sitting at the driver's seat, and then openly imprising a sexual flag with a man who gets out of her sexual organ, and then was shaking it under the following strings.

2) On December 1, 2016, the Defendant: (a) set up and set up a F New EF small passenger vehicle owned by the Defendant in front of the exit 8 NM located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, 05:3, 016, and opened a brub and scar in transit by O, etc.

In his hand, the act of openly obscenity was done by a son who returned to the surrounding area of the said car in the state of putting a sexual flag into her hand and exposing his sexual organ.

B. On June 8, 2016, a witness of the lower court’s judgment 1) In the court of first instance, AA did not appear in detail without wanting to report the Defendant’s sexual organ at a bus stop. The witness at the lower court’s court, “A was able to see the vehicle proposal on the ground that the Defendant stopped the vehicle at a bus stop, and the chief window was opened. However, the Defendant showed that the sexual organ was spawn at a bus stop, and the Defendant did not look at the Defendant’s sexual organ, and did not want to report thereafter.

On the other hand, the defendant was shaking his sexual organ as soon as possible.

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