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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. Around April 14, 2009, the Defendant committed an obscene act by openly cutting the elevator door and self-defabing it into D(W, age 19) with his/her married home at around 02:20 on April 14, 2009, following the Kimhae-si Kimhae-si's apartment 301 elevator, and D, with his/her straw, opened the elevator door, cut off the elevator from others, thereby committing an obscene act.
2. Around September 14, 2013, the Defendant discovered H (24 years old) and I (23 years old) boarding a taxi on the front of Gju located in Suwon-si F in Suwon-si, Suwon-si, on September 14, 2013, and found H (24 years old) and I (23 years old). The Defendant carried the said taxi with the Defendant’s JRati-si located in Suwon-si, Suwon-si, and then went off the taxi from the taxi to the vicinity of H’s residence located in K located in Suwon-si, Suwon-si, Suwon-si, and thereafter, H and I laid off the taxi from the taxi at the seat of H at around 05:43 on the same day, and committed an obscene act openly by taking H and I out his sexual organ towards his/her direction.
Accordingly, the Defendant, who wishes to H and I’s sound, and gam together, showed his behavior of self-defense to them, confirmed that he was frighting the gas pipeline installed on the outer wall of the building, and caused him to feel a man, and then publicly obscene act by taking out and self-defenseing the sexual organ on the street where the window of the room residing by H and I is seen.
Summary of Evidence
【Court No. 1】
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A written appraisal;
1. Investigation report (Attachment of CCTV recording data at the scene of the crime) (the fact that the CCTV is kept in the market);
1. Defendant's legal statement;
1. The police statement of H;
1. A written statement prepared in the I;
1. Application of Acts and subordinate statutes concerning photographic images;
1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (i.e., the fact that the defendant has his error in depth and shows his intention to treat his sexual intercourse and to treat his sexual intercourse; the fact that his social relationship is obvious;
1. Probation;