However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

On March 11, 2017, at around 01:30, the Defendant: (a) followed the victim C (at the age of 37) who walked in the middle-gu Seoul Metropolitan Government apartment guard room; (b) went ahead of the victim; and (c) taken the victim’s sexual organ toward the victim; and (d) took the Defendant’s sexual organ toward the victim; and (c) openly obscene act at a place where many unspecified persons, such as the victim, pass through several times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes for internal investigation reports (Attachment to such images, etc.);

1. Article 245 of the Criminal Act applicable to the facts constituting an offense and Article 245 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence identical to the order shall be determined by comprehensively taking into account the circumstances under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant and other conditions of sentencing indicated in the records, such as the Defendant’s age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime;

- The recognition of the crime and its reflect that there has been two times of punishment for obscenity;