공연음란
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
1. On June 10, 2017, the Defendant committed an obscene act openly by putting off his/her budio and clothes from among many and unspecified persons, such as Ga (n, 19 years of age) and C, at around 17:13, the Defendant committed an obscene act.
2. On June 21, 2017, the Defendant committed an obscene act openly by putting off his/her bridge and clothes from among unspecified persons, such as E (n, 16 years of age) at the Gu-U.S. Do Studio parking lot on June 21, 2017, while many and unspecified persons, including E (n, E).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. E statements;
1. Application of Acts and subordinate statutes to a investigation report (as to the attachment of a list of 112 reported cases, and to the attachment of data by capturing CCTV images around the site);
1. Article 245 of the Criminal Act and the choice of fines concerning the facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is committed by the Defendant’s obscene act by exposing sexual organ at places where many and unspecified people frequent, and considering the fact that the witness of the Defendant’s obscene act appears to have caused considerable mental impulse and sexual humiliation, the crime is not good.
Even though the defendant had been sentenced to the suspension of indictment for the attempted crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes before, if he appears to have reached the crime of this case, it is necessary to punish the defendant corresponding to that of the crime.
However, considering the favorable circumstances, such as the fact that the defendant recognized the crime of this case and reflected the mistake, the records and changes of this case, such as the defendant's age, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime.