Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On September 27, 2018, the Defendant, at around 20:0, 200, moved in the event that there is a swimming pool located on the first floor underground of the building B in Kimhae-si, Kim Jong-do, and viewed a swimming pool on the second floor above the ground, and carried out an act of self-defense in his hand by exposing a sexual flag.

Accordingly, the Defendant used a patently obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

1. Relevant Article 245 of the Criminal Act concerning the facts constituting an offense and Article 245 of the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant did not have any history of criminal punishment for sexual crimes prior to the instant case; the possibility of recidivism in the future is difficult even in light of the background, method and consequence of the instant crime, frequency of the crime, relationship with the victim, etc. Furthermore, the Defendant’s personal information registration of the Defendant and the order to complete a sexual assault treatment program alone appears to have an effect to prevent recidivism to a certain extent. In addition, considering the Defendant’s age, occupation, environment, family relationship, social relationship, the process, method and consequence of the instant crime, the degree of disadvantage and anticipated side effects that the Defendant may suffer from disclosure or notification orders, the effect of the prevention of sexual crimes subject to registration, the effect of protecting the victim, etc., the Defendant’s personal information cannot be disclosed or notified)

1. The details and methods of committing the instant crime under the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the age of the accused, and the exemption from employment restriction order;