공연음란
A defendant shall be punished by imprisonment for four months.
To order the defendant to complete a sexual assault treatment program for 40 hours.
Criminal facts
On June 12, 2016, at around 19:03, the Defendant openly committed an obscene act by putting the Defendant on the part of the Defendant, such as the competent person with a sexual flag taken off, among those reported by C, who are seated and seated in the seat next to 49 vehicles No. 2nd of Seoul Jinnam-gu, Jink-gu, Seoul, Seoul, and that he was seated.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of the Acts and subordinate statutes on video CDs at the scene of crime;
1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, etc. of Sexual Crimes, is that the Defendant was sentenced to a fine of one million won on April 15, 2009 due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (an indecent act in a densely concentrated place) and that there was a record of having been punished two times or more as a sexual crime, such as being sentenced to a fine of three million won due to a forced indecent act committed on February 4, 2013, and that the Defendant was found to have committed another crime even after the Defendant was exposed to obscene act of public performance.
However, in addition, considering the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime of this case, the punishment as ordered shall be determined by taking into account all the sentencing conditions as shown in the records and theories of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime.