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1. The defendant shall be punished by imprisonment with prison labor for six months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 26, 2018, the Defendant taken out his sexual organ by hand while passing through the persons, including, but not limited to, from, the D (M, E, 62 years of age) of the Geum-gu Busan Metropolitan Government C lending on June 26, 2018.
The act of self-defluence was openly obscene by doing so.
Summary of Evidence
1. Statement by the defendant in court;
2. Application of Acts and subordinate statutes of E;
1. Article 245 of the Criminal Act applicable to the facts constituting an offense and Article 245 of the choice of punishment;
2. Article 62 (1) of the Criminal Act on the suspension of execution;
3. Reasons for sentencing under 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;
1. The scope of applicable sentences under law: Imprisonment for one month to one year; and
2. The sentencing criteria are not set for the crimes of this case, for which the sentencing criteria are not set.
In this case, the defendant's sexual organ is taken up even though the defendant has passed on his books at a low level.
As a patently obscene act by committing self-defense, the nature of the crime and the circumstances are not good.
The behavior of E, etc. who has observed the defendant's crime, seems to have suffered sexual humiliations, maternitys, and mental shocks and pains as well as sexual humiliations.
Moreover, the defendant has been punished for the same crime more than twice even before, and the defendant has been punished for the same crime and has been punished for the forced indecent act only once (Suspension of execution).
However, there are also favorable circumstances, such as the fact that the Defendant appears to have committed the instant crime by provoking any contingency in the state of drinking, the fact that he/she recognizes his/her criminal act and repents his/her mistake, the fact that he/she has no record of punishment heavier than the fine, except the record of the crime of forced indecent act as above, and that he/she seems to be in the position of supporting the aged and the mother.
In full view of the above points and other circumstances, including the defendant's age, sex, occupation, environment, family relationship, motive, method, and result of the crime, and circumstances after the crime.