Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. On August 9, 2019, the Defendant intruded the building inside the building through the entrance door, which was not corrected for the purpose of committing an obscene act, such as self-defilation, from the stairs, at around 23:15, the building in C management located in Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City.

Accordingly, the defendant intruded on a structure against the will of the manager.

2. A public performance and obscene act was publicly obscene by exposing out of the part of the Defendant’s sexual organ, knowing that the Defendant was able to witness the Defendant’s act, in the stairs between the second and third floors of the above building, and the entire wall of its location was a glass window, and then exposing out the Defendant’s sexual organ to the outside, and then exposing it over 10 minutes in hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of D, E, and F;

1. On-site photographs;

1. Determination as to the defendant's and defense counsel's assertion of investigation report (the statement of building owner at the place of occurrence)

1. At the time of the assertion, the place where the crime was committed cannot be seen as bringing a building inside the outside in a state where consensus, etc. did not turn on, and thus, the performance cannot be deemed to exist. The Defendant thought that the inside of the building could not be seen, and the Defendant committed self-defense with hiding the body between the bicycle and the window. Therefore, there was no intention of public performance.

2. The term “patent” under Article 245 of the Criminal Act refers to a state in which many and unspecified persons may be aware of obscene acts, and performance is sufficiently recognized if many and unspecified persons are able to recognize obscene acts, and is not required to recognize obscene acts in reality.

In other words, the circumstances acknowledged by the evidence of the judgment, i.e., the first floor, the second floor, and the third floor of the building of this case were 12 households, and there were no facilities or security guards controlling their access, allowing free access. ii) The surrounding areas of the building of this case.