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.

The defendant had weak ability to discern things or make decisions due to mental illness, such as the on-site illness.

피고인은 2017. 6. 8. 22:40 경 대전 서구 C 앞길에 있는 분식 포장마차 앞에서, 떡볶이를 사고 있는 성명 불상의 여성 바로 뒤에서 약 5 분간 그 여성을 바라보면서 바지 위로 성기를 잡고 흔들고, 바지 속으로 손을 집어넣고 성기를 꺼내려고 하여 공연히 음란한 행위를 하였다.

Summary of Evidence

1. Protocol of examination of witnesses, other than each date for witness D or E;

1. Each written statement prepared D and E;

1. A certificate of persons with disabilities, a reply issued by the person in charge of the F hospital, a copy of each medical record, and a clinical psychological evaluation report;

1. A written reply to the investigation before the judgment (the defendant and his defense counsel asserted that, although the defendant had a hand as of the time of the case, there was a fact that the defendant puts his fingers into the hands, there was no other fact that he attempted to take the sexual organ above, and that he did not constitute a public performance act in a short end, and that his sexual organ was not a obscenity act. However, according to the evidence duly adopted and duly examined by this court, it is sufficiently recognized that the defendant committed the act as stated in the facts constituting the crime in the judgment of the court, and the above act by the defendant is deemed to constitute an obscene act that may cause sexual humiliation and harm normal sexual humiliation by stimulating ordinary people's sexual desire.

Therefore, the above assertion by the defendant and his defense counsel cannot be accepted.

Application of Statutes

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

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

1. Article 62-2 of the Criminal Act and Article 44-2 of the Medical Treatment, Care, Custody, etc. Act to observe the protection and order for medical treatment;

1. The punishment of sexual crimes exempted from an order to attend a course;