2014No817 Public performance obscenity

Freeboard (901107-1), undergraduates

Prosecutor

Written evidence satisfy, Lathere, and Public Trial

Chuncheon District Court Decision 2014Gohap814 Decided October 7, 2014

August 26, 2015

The judgment of the court below is reversed.

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

When the defendant does not pay the above fine, the defendant shall be the defendant for the period converted 100,000 won into one day.

shall be confined in a workhouse.

An order the defendant to complete a sexual assault treatment program for 40 hours.

In order to order the provisional payment of an amount equivalent to the above fine.

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

According to the evidence submitted by the prosecutor, although the defendant could sufficiently recognize the fact that he had publicly obscenity on two occasions as charged, the court below found the defendant not guilty of the facts charged in this case. The court below erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

2. Determination

A. The judgment of the court below

The court below found the defendant not guilty of the facts charged in this case on the ground that it is difficult to view that the defendant's act was performed, and it is difficult to see that the defendant recognized the performance of his act, since the defendant committed a crime by putting a specific woman in the motor vehicle of the drone road at night.

B. Judgment of the court below

Article 245 of the Criminal Code provides that "patent" means a state in which many and unspecified persons can recognize it. If many and unspecified persons are present or frequent, performance can be recognized even if they did not recognize it as a present performance.

살피건대, 원심에서 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정들, 즉 피고인은 야간에 자동차를 운전하여 도로를 돌아다니다가 발견한 여 성을 대상으로 이 사건 각 범행을 한 것으로서, 그 범행 대상은 사전에 정해진 특정인 이 아니라 불특정 여성들에 대한 물색 행위를 통하여 그때그때 정해진 것으로 보이는 점 , 피고인은 인도에서 횡단보도의 신호를 기다리고 있는 여성들을 범행 대상으로 정 하였는데, 피해 여성 앞에 자동차를 세운 후 인도에 있는 피해 여성이 피고인을 볼 수 있도록 자동차의 창문을 내리고 자동차의 실내등을 켠 상태로 이 사건 각 범행을 하였 는바, 그 자체가 불특정인에 대한 범행이라고 볼 수 있는 점, 위 피해 여성들이 있던 아파트 근처 횡단보도 앞 인도는 평소 다수인이 왕래하는 장소이고 , 각 범행 시각을 감안하더라도 언제든지 불특정 다수인이 지나다닐 수 있는 곳인 점 등을 종합하면, 가 사 이 사건 각 범행 현장에 피해 여성들만 있었다고 하더라도, 이 사건 범행 장소는 일반인에게 개방되어 불특정 다수인이 왕래하는 장소로서 , 불특정 다수인이 피고인의 행위를 인식할 수 있는 상태였다고 봄이 상당하고, 피고인 역시 이런 상태에 대하여 인식하면서 이를 용인하였다고 판단된다. 따라서 검사의 위 주장은 이유 있다.

3. Conclusion

Therefore, since the prosecutor's appeal is well-grounded, the decision of the original trial is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

1. The crime committed on August 10, 2014

On August 10, 2014, at around 20:40, the Defendant stopped 45:6314, the Defendant owned by the Defendant, while opening the front window on the Chuncheon-si road, and discovered the victim king○○ (the age of 18) while driving the said vehicle in order to view the Defendant by driving the vehicle in front of the victim, stopping the vehicle in front of the victim, leaving the vehicle in front of the victim, leaving the vehicle in front of the victim, leaving the vehicle in front of the victim, and making the victim see the Defendant through the front window of the king opened, and openly obscenity by using the spatious hand.

2. The crime on August 13, 2014;

At around 00:20 on August 13, 2014, the Defendant stopped the said car while opening the front window on the front of the second apartment house in the Sacheon-si, Sacheon-gu, Sacheon-si, with a view to stopping the said car on the front of the second apartment. The Defendant discovered the victim ○○○ (n, 16 years of age) and the victim boom○ (n, 16 years of age) and the victim boom○ (n, 16 years of age) in the said car, and then publicly obscenity was committed before the victims in the same manner as paragraph (1).

Summary of Evidence

1. The defendant's oral statement in court;

1. Examination protocol of the accused by prosecution;

1. Statement of each police statement on ○○○ and ○○○○;

1. A written statement ○○;

1. A detailed statement on handling 112 reported cases;

1. All on-site photographs;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 245 of the Criminal Code, Selection of Fines

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order to complete programs;

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The crimes of this case are committed against unspecified women who are travelling at night, and the victims should be punished strictly by the defendant considering the sexual humiliation and mental impulse that victims have received due to the defendant's act as juveniles.

However, it is judged that it is desirable that the defendant will not repeat the crime of this case again in the future with his depth, and that the crime of this case was committed in the vehicle, and that the person who committed the act of this case was committed in and around the victim, and that the defendant was a primary offender and a university student, the defendant's age, inclination, family environment, and circumstances leading to the crime of this case, etc. should be comprehensively taken into account. It is so decided as per Disposition.

Maximum paths (Presiding Judge)

immigration;

Maap Young-young