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Reasons
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(영문) 수원지방법원 안산지원 2018.06.20 2018고단805
공연음란등
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 26, 2017, the Defendant had sexual intercourses with obscenity (30 years of age) around 02:20 on November 26, 2017, at the entrance of B-B lending, and went home to the said C at the convenience store, and made a publicly obscene act by exposing and showing his sexual organ to the said C by hand.

2. On November 26, 2017, at around 02:24, the Defendant: (a) reported the Defendant’s act at the same place as the foregoing paragraph 1; and (b) opened a gate of a neck, which was not corrected by driving away the victim; and (c) entered the victim’s residence in front of the 1st floor stairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of CCTV closure photographs and statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 245 of the Criminal Act (the point of obscenity in a public performance), Article 319 (1) of the Criminal Act (the point of intrusion upon residence), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act, even though the Defendant had the history of the same crime, commits the crime in this case at the same time, and enters the crime following a witness's lending building after openly committing an obscene act; however, considering the fact that the Defendant is led to confession and reflect, and that the Defendant has no record of punishment exceeding the fine)

1. It shall be decided as ordered on the grounds of Article 16(2) and (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

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