Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

피고인은 2020. 8. 4. 00:15 경 부산 부산진구 B에 있는 C 앞에서 자신의 D 승용차 운전석에 앉아 창문을 모두 내리고, 실내등을 켠 상태에서 바지를 내린 뒤 성기를 꺼내

A car has been driven by the victim E (at the age of 20) who was passing due to the above act.

As above, the Defendant got off to another way while the victim was 20 to 30 meters away from the victim, and the victim got out of the G located in Busan Jin-gu, Busan, the Defendant driven the vehicle back to the victim, and then done self-defense in such a way as above.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on E statements (to hear statements from victims E phone);

1. Application of the photographic Acts and subordinate statutes;

1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Taking into comprehensive account the Defendant’s age, occupation, existence of the history of punishment for a sex offense, details and motive of the offense, method of committing the offense, severity of the offense, etc. under Article 34(1) of the Criminal Procedure Act with regard to the order of provisional payment order, there are special circumstances under which the risk of reoffending is remarkably low or employment is not restricted pursuant to the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act;

Since it is judged, it is not ordered to issue an employment restriction order to the defendant.

양형의 이유 피고인이 차량으로 피해자를 바싹 따라가면서 피해자가 볼 수 있도록 실내등을 켠 채 자 위행위를 하여 이를 목격한 피해자가 상당한 성적 수치심과 두려움을 느꼈을 것으로 보인다.

However, in consideration of the fact that the defendant recognized the crime and agreed with the victim.