A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

At around 13:15 on June 13, 2019, the Defendant openly committed an obscene act in a manner that he or she was off his or her mouth from the Masan book in the Dongjak-gu Seoul Metropolitan Government C Park, and laid off his or her mouth.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Investigative report (Attachment of photographs at the place of occurrence) (the act of Defendant’s exposure of his sexual organ out of all humths on a book containing many, unspecified or many people’s humths, which goes against the concept of sexual humiliation of ordinary people, and can be evaluated as obscenity in light of social norms, and it does not require any subjective sexual purpose, such as sexual humiliation and satisfaction in the establishment of the crime of public performance and obscenity; thus, the Defendant’s crime committed in the judgment can be recognized); and the application of statutes;

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities are as follows: (a) the Defendant was sentenced to one time suspension of indictment due to sexual crimes; (b) was indicted as charges of performance and obscenity; (c) was sentenced to acquittal on the grounds that performance and obscenity are not recognized; (d) the Defendant was experienced in investigation and trial due to the same act; and (e) the Defendant did not appear in an appellate trial while the above judgment is still in force, but rather did not re-off the Defendant’s wrong recognition and re-off the Defendant; and (e) the Defendant did not have any other criminal history; and (e) the Defendant’s age, character, family environment, motive and