A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Punishment of the crime

[criminal power] On February 15, 2019, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Catlass, Use and Screening of Camers, etc.) in the application of the Gwangju District Court on February 15, 2019, and on August 28, 2019 at the Gwangju District Court on August 28, 201, and completed the execution of the sentence on March 20, 202.

【Criminal Facts】

On June 26, 2020, around 23:36, the Defendant discovered the victim C (tentative name, 17 years of age) in the vicinity of the Bapo-si B Apartment, Mapo-si, and accordingly, the victim went through the joint entrance door of the above apartment △△△dong, which is a residence of the victim, and boarded the elevator, which is the victim's residence, and used the Defendant's act of self-defense by means of cutting off the Defendant's sexual flag from the place of his hand to the outside and shaking it.

Accordingly, the defendant invadedd the victim's residence, and made a patently obscene act.

Summary of Evidence

1. CCTV images CDs in the police statement concerning the defendant's legal statement C;

1. Previous convictions in the judgment: The results of the prisoner search, criminal records, etc. inquiry reports (A), investigation reports (the records of the same kind of suspect, and the period of repeated crime) (public performance are sufficient if obscenity is likely to be recognizable to an unspecified or many unspecified persons, and in reality, it is not sufficient that an unspecified or many unspecified persons have to recognize obscene acts; as long as the defendant performed self-defense in the elevator in which many unspecified or many apartment residents, etc. can access the elevator at any time, the public performance may be recognized even if the principal was only one person, as long as he/she actually engaged in self-defense

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Intrusion upon residence: Article 319 (1) of the Criminal Act;

(b) Public performance and obscenity: Article 245 of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be more severe residential intrusion;