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(영문) 청주지방법원 2018.11.23 2018노606
공연음란
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principle) was that the Defendant parked the vehicle at the time and place specified in the facts charged in the instant case and engaged in self-defense in the driver’s seat. However, the court below found the Defendant guilty of the facts charged in the instant case by misapprehending the facts or misapprehending the legal principles, which affected the conclusion of the judgment

2. Judgment on the grounds for appeal

A. On October 01, 2017, the Defendant: (a) around 3:10 on the street in front of the “C” located in Heungdong-gu, Chungcheongnam-gu; (b) parked the said car in order for D et al. to view the inside of the Defendant’s body car into E; and (c) opened a stoper on a driver’s seat and opened a sexual flag with his hand and carried it in a scam, thereby openly obscenity.

B. The lower court and the lower court found the Defendant guilty of the instant facts charged on the grounds of the circumstances indicated in the lower judgment.

In light of the evidence duly admitted and investigated by the court below, the judgment of the court below is just and acceptable, and in addition, the following circumstances, which the court below duly admitted and investigated, i.e., the "public performance" in the crime of obscenity, means that the public performance is in a situation in which many and unspecified persons are directly aware of it, i.e., the public performance is in a situation in which many and unspecified persons are present or frequent.

Even if public performance can be recognized, D only directly observed the Defendant’s crime of this case.

The Defendant, even though he did not do any act of self-defense on a motor vehicle that is not carried by many and unspecified people, thereby allowing others to recognize it.

It is reasonable to see that D is a young female who had the defendant wear a nitroke in an investigative agency.

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