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(영문) 인천지방법원 2018.11.02 2018노1830
공연음란
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant was arrested only by the statement about the witness's appearance without undergoing the procedure to confirm the witness's face and the witness's appearance was arrested. The judgment of the court below which found the defendant guilty even though the defendant did not engage in obscene acts is erroneous in the misconception of facts.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant’s misunderstanding of the facts is without merit, since the Defendant was found to have frighten and exposed to sexual organ at a place where multiple people pass through the same as the facts charged in the instant case.

1) The first witness D had no person in the ordinary library at the court of the court below, and had been able to easily see the face of a male because of low sticking of a children’s library.

The lower one is the lower one, and the lower one is the larger one, and the other is the same as a man, and the other is the same as a man, and the other is different.

From 12:00 to 12:00, the library did not immediately report, and confirmed that there was a man in the library reading room, and called the library directly and immediately to inform the library of the arrival of the male increase.

At the time, there was almost no man because of the low-day day.

“The statement was made”.

2) Upon receipt of the first witness’s report, E was found in the report that “A female users had engaged in obscene acts on the side of the West by the men who suffered a national defense flusium, and there was only one man of the same increased number of men.

An adult male at the same time of receipt of a report telephone was only the defendant.

“The statement was made”.

3) After ascertaining the Defendant’s appearance, POE reported to the police at around 12:55 on the same day, and the police officer called up and arrested the Defendant as a flagrant offender.

3...

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