A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around October 6, 2015, Defendant 2015 Ma 3986, Defendant 20:50, which publicly made an obscene act, such as: (a) around 20:50 on October 6, 2015, Defendant 2 returned approximately 50 meters from his dwelling to D’s front street.

2. On March 18, 2016, Defendant 2016, Defendant 1327, at the top of 2016, went back to the body while having a large number of persons, such as F (n, age 61) in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and went back to the body, and made a public obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report on investigation (a counter investigation by a reporter);

1. Application of the Acts and subordinate statutes of photograph photographing the suspect at the time of arrest;

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. As to the Defendant’s assertion of Articles 16(2) and 16(4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes, the Defendant and the defense counsel asserts that the Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of each of the instant crimes.

In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the contents of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.

The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances of sentencing and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- to the extent that the nature of the offence is bad, during the trial, and that there is no record of being punished for the same kind of offence as it is likely to be criticized;