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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On July 8, 2018, at around 16:25 minutes, the Defendant opened a bomer and exposed all the bombs so that victims D (V) can be seen within the route bus in Kimhae-do Kim (B).
Accordingly, the Defendant publicly committed an obscene act.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Application of Acts and subordinate statutes to a report on the occurrence of a case of public performance and obscenity (including photographs attached thereto), a report on internal history (booms images and photographs attached thereto);
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. According to the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of being punished for a sex offense; the defendant does not have any record of being punished for a sex offense; the crime in this case is committed with the victim; the victim's relationship; and the recidivism effect of an order to complete a sexual assault treatment program, the possibility of recidivism in the future seems to be low. In full view of all the circumstances, including the defendant's age, character, occupation, occupation, environment, the risk of recidivism, the degree and anticipated side effects of the defendant's disadvantage due to the employment restriction order, and the prevention effect of a sexual crime that may be achieved thereby, the defendant is deemed to have a special reason that the risk of recidivism or employment should not be remarkably lowered or restricted) of the sentencing sentencing of the defendant is found to have committed an obscene act by openly exposing the female victim within the bus after getting on the bus at low time, and then openly exposing the victim's sexual organ to the victim, etc., and thus, it is not appropriate to criticize the victim's emotional and mental suffering.
However, the defendant.