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(영문) 수원지방법원 2016.05.26 2015노5917
공연음란
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The Defendant, by misapprehending the legal principles or misunderstanding of the facts, had his blood and blood, and had his blood in a bus with many blood and blood ties, and did not commit the act in question.

The defendant was not aware that there was another person in the bus, and he was seated on the bus, and was kneeeling on the bus, so there was no intention of public performance and there was no public performance.

Nevertheless, the lower court found the Defendant guilty of the instant facts charged on the sole basis of the statements made by D and E without credibility, and erred by misapprehending the legal doctrine on the public performance of the crime of obscenity, thereby adversely affecting the conclusion of the judgment.

B. In light of the fact that the criminal defendant was suffering from severe mental pain due to the instant case and was unable to move, and that there was no special occupation and support for two children, the sentence of the court below that sentenced the order to complete the sexual assault treatment program for 3 million won and 40 hours is too unreasonable.

2. Determination

A. (1) Determination of misunderstanding of facts or misapprehension of legal principles as to (1) the following circumstances that can be acknowledged by the evidence duly adopted and investigated by the court below, i.e., from the investigative agency to the court of the court of the court below, “D, as the defendant sits down in the right side of an express bus, she has tried to cut off his arms, thereby cutting off the front side of the Defendant’s right bridge with a rhythm, cutting off his abundry, cutting down his abson, and cutting down his sexual flag up to the part of the handphone, and she was sonked with a fluor by using a fluorial hand.

Although the defendant tried to take the form as a photograph, but he tried to take the image with a video, the defendant was sexually boomed by the video.

The defendant stated, "Isker, Isker, Isker, Isker, Isker, Isker, Isker, Isker."

For example, liquor tax is required.

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