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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 two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On June 2, 2017, around 01:10, the Defendant finds out the victim D (V, 30 years of age) at the front of Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and opens a bomer and opens a bomer.
Sheeting the sexual flag with a lush hand, “Irrely”
§ 22(b)
The phrase " has been called and went later."
Accordingly, the Defendant publicly committed an obscene act.
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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The defendant's reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend the Course against a woman who is passed on the street in the night
§ 22(b)
Considering the fact that “A public performance with a obscenity in the form of a sexual organ and obscene act was committed, and that the nature of the crime is not good in light of the motive, pattern, etc., and that the Defendant repeated a crime even though he had the record of having been sentenced to a fine of three million won for public performance as a crime of obscenity on June 3, 2015, the Defendant’s liability is not less than that of the crime.
However, the defendant's perception of committing the crime of this case and reflects the wrongness of the defendant, there is no particular criminal punishment other than the previous criminal record prior to the defendant, and the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and all of the conditions of sentencing as stated in the records and theories of changes, such as the circumstances after the crime, etc., shall be determined as ordered.