Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 21:50 on July 17, 2019, the Defendant made a public performance and obscene act by openly exposing his sexual organ in front of Songpa-gu Seoul, Songpa-gu, by revealing her sexual organ in his/her body, and her sexual organ was put back to his/her hand.
2. The Defendant affected the structure by entering the structure into the victim’s 4th floor “D Reading Room” operated by the victim C, and intruded into the structure managed by the victim, at the time and place specified in the foregoing paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement E and C;
1. Each investigation report (No. 5, 7, 8, 15 No. 5);
1. Application of the Acts and subordinate statutes to CCTV image photographs, field photographs, black stuffs images, CDs, and CCTV image data;
1. Relevant Article 319(1) of the Criminal Act, Article 245 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities is that the Defendant intrudes into a reading room or a female toilet in a reading room at night, etc.
The Defendant committed the instant crime even though he/she had a record of criminal punishment twice for the same kind of crime (the suspension of indictment on August 2012 as a public performance and a fine of KRW 1.5 million as a public performance and a public performance and obscene crime around January 2019), is also disadvantageous to the Defendant.
However, there is no record of punishment exceeding the fine due to the same crime, and the defendant's age, character and behavior, environment, motive and result of the crime, the circumstances after the crime, and the degree of obscenity.