공연음란
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 11, 2014, at around 21:30, the Defendant reported the victim D and E, a female student, who was walking a school playground in Ulsan-gu C Elementary School B, Ulsan-gu, U.S., to the victims, and made a public obscene act by doing self-defluence between the Defendant’s physical clothes and panty and two minutes, towards the victims.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes of E and D;
1. Article 245 of the Criminal Act applicable to the crimes;
1. Article 62 (1) of the Criminal Act;
1. The sentence of Article 62-2(1) of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment of Sexual Crimes shall be chosen by taking into account extenuating circumstances, such as the fact that the accused has a criminal record of the same kind, and that the injured female students have shocked and promulgated, etc.
However, considering the method and frequency of the instant crime, the fact that the Defendant reflects the mistake, etc., the execution shall be suspended, but since the risk of recidivism is recognized, the probation and sexual assault treatment program’s completion order shall be determined as ordered.