공연음란
A defendant shall be punished by imprisonment for four months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
On September 30, 2017, the Defendant driven a E-car on the front road of the Dopo-si, 09:50 on September 30, 2017, while driving the E-car on the front road.
In order to allow many and unspecified persons, such as F, to see the appearance of the defendant, publicly obscenity was done by opening both windows of the above car and exposing the Defendant’s sexual organ by hand.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes to photographs (vehicles operated by a person under his/her control);
1. Article 245 of the Criminal Act applicable to the facts constituting an offense and Article 245 of the choice of punishment;
1. The Defendant and the defense counsel asserts that at the time of the instant crime, the Defendant was in a mental and physical state due to sexual preference, shock disorder, etc. under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.
According to the records, the defendant may be found to have been diagnosed due to sexual ray disorder, impulse disorder, etc., and received a mental therapy. However, considering all the circumstances such as the background of the crime in this case, details and attitudes of the crime, and the defendant's behavior before and after the crime in this case, the defendant was in a state that he did not have the ability or decision-making ability to discern things due to mental illness such as sexual ray disorder, impulse disorder, etc. at the time of the crime in this case
It does not seem that it does not appear.
Therefore, the above argument is not accepted.
Sentencing - Unfavorable circumstances: A summary order of a fine of KRW 3 million was issued for a crime of obscene performance in 2015, and on April 5, 2017, the above judgment was issued for the same crime on April 13, 2017, and was issued for two years of probation on April 13, 2017, and was currently under probation, and accordingly, commits the same kind of crime under the same veterinary method at the same time, despite the fact that it was still under probation; - A favorable circumstances are against mistake; the fact that there is no previous conviction; - Other circumstances are against the Defendant’s age, sex, occupation, family relationship, health status, etc.