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.

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a fine of one million won as an obscene crime at the Incheon District Court on August 31, 2016 and had the same criminal records.

[Criminal facts]

1. On July 1, 2017, the Defendant committed a crime on July 1, 2017, around 04:09, on the street in front of Yangcheon-gu Seoul Metropolitan Government, E (n, 21 years old), E (n, 21 years old) and panty and panty, and took charge of her sexual organ by hand.

Accordingly, the Defendant publicly committed an obscene act.

2. Around July 19, 2017, the Defendant committed a crime on July 19, 2017, around 04:44: (a) in front of the Yangcheon-gu Seoul Metropolitan Government on the street, G (n, 20 years old), G (n, 20 years old) and panty, and panty and panty by hand, and spoking his sexual flag.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

7. Gambling map and CCTV at the place of crime;

1. Application of Acts and subordinate statutes to notify the 112 Report Processing List, and the 112 Report-Related Department;

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. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend the Republic of Korea is not sufficient in light of the fact that the defendant was punished as a fine for the same kind of crime before, but again committed each of the crimes in this case.

However, the defendant does not take such action in the future through active treatment as he/she led to his/her mistake and reflects his/her mistake.

The sentence shall be determined as ordered by taking into account the following factors: (a) the fact that there is no criminal conviction or more than a suspended sentence, and other conditions of sentencing as shown in the records and changes.