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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 25, 2017, around 14:20, the Defendant: (a) set off the booms and clothes from “C” cafeteria B, “C,” and viewed the direction of the road, and (b) set up the fluor of D (15 years of age) and E, and publicly obscene acts.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances and frequency of the crime for the reason of sentencing under Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by community service order or an order to attend a lecture, the age and occupation of the defendant, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, etc.
- On March 22, 2010, the Defendant received a summary order of KRW 1 million for an obscene crime of public performance at the Incheon District Court.
Nevertheless, without the opening of the crime of this case, the risk of recidivism is high.
- A witness, who was aged as a crime committed by the Defendant, was suffering from a considerable sense of sexual humiliation, insult, and aversion, and was sexual impulses.
- However, it seems that the defendant has recognized his mistake and has made efforts not to repeat the crime, such as receiving treatment by him by finding a hospital.