2015 Highest 289 Public performance obscenity

A (81 years, South Korea), Company Board

(Lawsuits) Woo-young (Courtrooms) and Kim Jong-Un (Courtrooms)

May 28, 2015

Defendant shall be punished by a fine of KRW 1,00,00.

Defendant who has converted 100,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

The defendant shall order the completion of the sexual assault treatment program for 24 hours.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

피고인은 2014 . 11 . 4 . 08 : 20경 울산 중구 남외동에 있는 병영사거리 버스정류장 승 객 대기 박스 뒤에 쭈그리고 앉아 자신의 성기를 바지에서 꺼내어 앞뒤로 흔드는 방법 으로 자위행위를 하였다 .

As above, the Defendant openly obscenity in a public place with a large access to people. Summary of evidence

1. Defendant's legal statement;

1. A criminal explanatory note, a internal investigation report (in the event of an investigation on the wearing of a suspect), and a internal investigation report (public performance and obscene awards);

(a) investigation into a photograph-cape, a criminal investigation report (a photograph taken of clothes worn by a suspect at the time of committing a crime);

(Taking photographs at the time of arrest of the suspect)

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

§ 245 of the Criminal Code. Selection of fine

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order to complete a program;

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

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The fact that the psychological impulse suffered by the witness of this case seems to have been reasonable is that the defendant is disadvantageous to the defendant. However, the court shall determine the sentence identical to the order by comprehensively taking into account the circumstances favorable to the defendant, such as the defendant's age, character and conduct, family relationship, circumstances after the crime, etc., such as the confession and reflection of the defendant, and the fact that there is no other criminal history except the one sentenced to a fine for a drinking driving once, and other criminal records.

Judges Lee Gyeong-won