On August 23, 2017, around 05:00, the Defendant was at sight, on the front of the convenience store C located in Mapo-gu B, Seoyang-gu, and was sexually obscene by exposing her sexual organ, on the ground that the Defendant dices not purchased by the victim (the 52 years of age) who is the business owner of the convenience store (the 52 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the Defendant is a primary offender who has no record of punishment, the Defendant appears to have committed the instant crime by contingently under the influence of alcohol, and the level of obscenity is relatively low, and his/her mistake is against his/her depth) Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the conviction of a sex offense subject to registration becomes final and conclusive, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the competent agency

However, if a suspended sentence against a defendant is deemed acquitted after two years have elapsed without the invalidation of the suspended sentence after the judgment on the suspended sentence became final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014). In light of the Defendant’s age, occupation, risk of recidivism, motive for and method of committing the instant crime, seriousness of the crime, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s injury, the preventive effect of the sexual crime subject to registration that may be achieved, and the effect of protecting the victims, etc., the personal information shall not be disclosed or notified.