공연음란
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 7, 2017, around 04:30 on July 7, 2017, the Defendant, before the D convenience store in Chuncheon City, left the place where the players, such as E, F, etc. are reported, and then exposed to the sex and self-defense.
Accordingly, the Defendant publicly committed an obscene act.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. E statements;
1. Application of Acts and subordinate statutes to arrest and report the occurrence of the case, on-site photographs, investigation reports (Attachment to the table of 112 reported case processing), on-site photographs;
1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In regard to the Defendant’s transmission of his/her sexual photograph to another person on April 26, 2017, the grounds for sentencing under Article 62-2 of the Criminal Act, Article 16(2) and Article 16(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, prior to the instant crime, the court received a summary order of KRW 2 million on July 13, 2017 as a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) and again committed the instant crime even though the Defendant was suspended from indictment even in 2010, in consideration of the fact that the Defendant again committed the instant crime, the execution of imprisonment is suspended for the future prevention of recidivism, but it is necessary to order the Defendant to take lectures in sexual assault treatment.
The decision is judged.
In addition to these circumstances, the sentencing conditions shown in the records and arguments, such as the character and conduct, the environment, the circumstances after the crime, and the circumstances after the crime, shall be determined as ordered.