A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

【Criminal Power】 On March 31, 2016, the Defendant was sentenced to a fine of three million won for public performance and obscenity by the Suwon District Court, and on March 28, 2018, the Defendant was sentenced to a suspended sentence of six months for the same offense at the Seoul Central District Court, and was sentenced to a suspended sentence of six months for the same offense, and the said judgment became final and conclusive on April 25, 2018, and is still in the

【Criminal Facts of Crimes】 On July 18, 2019, at Dongjak-gu Seoul Metropolitan Government around 19:35, the Defendant was exposed to the outside of his sexual organ for about 1 minute 30 seconds, among others, while operating the Oraland from the above Sa-distance Protection Area to the Boado basin.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. C’s statement;

1. Report on internal investigation (on-site search and telephone communications with A);

1. Investigation report (Attachment to photographs transmitted by a suspect, the arrival of a suspect, hearing of statements by a witness);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation status;

1. Article 245 of the Criminal Act applicable to the crimes;

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

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 was sentenced to a fine and imprisonment for the same crime, and this case is less likely to be committed during the period of suspension of the execution of the sentence and that the defendant's exposure to sexual organ to many and unspecified persons is not good and the witness's strong comfortableness is indicated.

However, the argument of this case is shown in the fact that the defendant does not repeat the crime, the support for a minor is supported by a mixed person, and the defendant's age, character and behavior, environment, motive and result of the crime, circumstances after the crime, etc. are shown in the arguments of this case.