A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

On October 16, 2018, the Defendant was sentenced to six months of imprisonment, and 40 hours of sexual assault treatment programs, and completed the execution of the sentence on January 8, 2019.

[2020 order 440] The Defendant was sentenced to six months of imprisonment with prison labor on October 16, 2018 and 40 hours of sexual assault treatment programs, and the judgment became final and conclusive on October 24, 2018.

No person subject to an order to complete a program shall refuse to comply with an instruction issued by the head of a probation office, etc. concerning the implementation thereof without justifiable grounds

Nevertheless, the Defendant failed to comply with the first order to attend the lecture from March 7, 2019 to December 22, 2019, and the second order to attend the lecture from May 1, 2019 to May 29, 2019, issued a warning to the probation officer to participate in telephone conversations with the probation officer on May 22, 2019. On August 2, 2019, the Defendant failed to comply with the warning that the probation officer will be punished for non-compliance with the order to complete the lecture, and the Defendant again refused to comply with the second order after receiving the warning by failing to comply with the direction of the head of the probation office concerning the implementation of the order.

[2020 Madan1643] On May 13, 2020, the Defendant, at the convenience stores located in Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu, Seoan-gu, 21:00, the Defendant returned to the inside of the convenience store while the victims C (the employees, the age of 26) and many and unspecified customers are able to observe the convenience store.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

[200 Highest 440]

1. Defendant's legal statement;

1. Request for investigation, probation cards, notification of non-execution of orders to complete a program, demands for appearance [20 high order 1643];

1. Defendant's legal statement;

1. C’s self-written statements, internal investigation reports (the photograph of suspected criminal act and the attachment of video CDs) (the previous record);

1. Criminal history records, reply reports, copies of judgments, etc., and application of Acts and subordinate statutes to criminal investigation reports (verification of details of confinement of suspects);

1. Relevant Articles on criminal facts and the punishment of sexual crimes subject to the choice of punishment;