A defendant shall be punished by imprisonment with prison labor for four months.

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.

Punishment of the crime

【Criminal Records of Crimes】 On November 3, 2017, the Defendant was sentenced to a suspended sentence of two years and a fine of two million won for public performance and obscene crimes, etc. at the Suwon Franchisium, and this judgment became final and conclusive on January 12, 2018.

【Around August 25, 2017, the Defendant discovered D (16 years of age) which waits for a bus and stops EF small or passenger cars driven by the Defendant in front of the bus stops in front of the Yeongdeungpo-gu Seoul apartment complex at Suwon-gu, Suwon-si, Seoul Special Metropolitan City on August 25, 2017, and stopped EF small or passenger cars that the Defendant is driving. The Defendant carried out an act of self-defenseing the Defendant’s sexual flag in front of the bus stops in front of the bus stops (16 years of age).

Accordingly, the Defendant used a patently obscene act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Investigation report (to peruse CCTV at the domicile of the owner of the vehicle and face-to-face);

1. A photograph of the victim's vehicle, [Attachment] CCTV image CD;

1. Previous conviction: Determination as to a reply to inquiry, such as criminal history, (A), investigation report (Attachment to the previous decisions, etc.), Suwon District Court Decision 2017No 1608, 519 (Joint Judgment), Supreme Court Decision 2017Do196, Supreme Court Decision 2017Do19356, and the assertion of the defendant and defense counsel of the case

1. The gist of the assertion is that the Defendant did not engage in obscene acts at the time and place indicated in the facts charged.

2. Determination

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall evaluate the credibility of the statements made by the victim, etc., taking into account all the circumstances that are difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penance of the statements made by the witness in the open court after being sworn at the presence of a judge, as well as whether the statements made by the witness, including the victims, are consistent with the rationality, logic, contradiction, or rule of experience, or conforms to the third party's statements. In addition, if the statements made by the witness, including the victims, are objectively consistent and consistent with the facts charged, it shall be objectively viewed.