1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On June 18, 2018, the Defendant: around 23:20 on June 18, 2018, sent to knee, knee, a vehicle parked before Busan Jung-gu, about 34 years old.

In his hand, he had openly engaged in obscene acts by scambling several times.

Summary of Evidence

1. Statement by the defendant in court;

2. Each police statement made to D or E;

3. Application of Acts and subordinate statutes reporting police investigations;

1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Reasons for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

1. Scope of applicable sentences under law: Fines of 50,000 to 5 million won; and

2. The sentencing criteria are not set for the crimes of this case for which the sentencing criteria are not set.

In this case, the defendant reported that D will pass from a house at deep night and that he will take his sexual organ into account during deep night.

In other words, it is not good to commit an obscene act by openly shaking it by hand, and it is not good to commit a crime.

D, a woman who has directly observed the defendant's crime, seems to have suffered a considerable impact and suffering due to mental disorder as well as sexual humiliation and haira.

However, there are favorable circumstances such as the fact that the defendant, who is a disabled person of the third degree of mental disability who receives treatment from the early illness, seems to have committed the crime of this case in a contingent impulse due to such psychological influence of the defendant, the recognition of his criminal act, the misunderstanding is divided, there is no record of criminal punishment, health is not sufficient, economic situation is not sufficient, the mother's birth is present in this court and appeal for the preference.

The above points and other circumstances, including the defendant's age, sexual conduct, environment, family relationship, motive, method, and result of the crime, and the circumstances after the crime, shall be determined as the sentence as ordered by considering the following circumstances.