A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On June 14, 2017, the Defendant: (a) around 14:30, at a park located in the apartment of Dacheon-si, and (b) at around 14:30 on June 14, 2017, the Defendant: (c) told D, a intellectually disabled person, who passed the place, to say, that “The Defendant was carrying the said D with the sperm in the above park and let the said D go off, and had the said D go off, and (d) had D’s sexual organ for approximately three minutes while the majority apartment residents observe.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Video-recording CDs against D;

1. Investigation report (recording images of victims);

1. On-site ctv video CDs;

1. Application of Acts and subordinate statutes to photographs by explaining photographs, on-site photographs, field ctv closures;

1. Article 245 of the Criminal Act applicable to the facts constituting an offense and Article 245 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The sentencing conditions in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, shall be determined in full view of the punishment as ordered.

A publicly obscene act has been committed in a way that supports the sexual organ of a person with intellectual disability, and there is no record of the same kind of crime that leads to a confession and reflect of the nature of the crime.