Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

피고인은 2012. 2. 24. 19:25경 서울 서초구 C 버스정류장 앞 인도상에서 집으로 귀가하던 피해자 D(여, 28세)을 따라가 어깨를 툭 치면서 불러세운 뒤 "안녕"이라고 말하고 바지 지퍼를 내리고 왼손으로 성기를 만지면서 자위행위를 하여 공연히 음란한 행위를 하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Relevant Article 245 of the Criminal Act concerning the facts constituting an offense and Article 245 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant and his defense counsel on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserted to the effect that the Defendant did not engage in self-defense while leaving the boom at the time of the instant case, and did not have a performance. However, in full view of the following circumstances acknowledged by the records of the instant case, it may be sufficiently recognized that the Defendant committed a public performance and obscenity crime as stated in its reasoning.

① At the time of the instant case, the victim consistently stated that the Defendant was committing a self-defense act while leaving the Defendant’s boom with the left hand, and the circumstances leading up to the statement are natural. Moreover, it is deemed that the credibility of the statement is high as there seems to be no circumstance to include false information.

② At the time, there were many people around the bus stops located in the center at the time when the bus stops located in the center at the time of retirement, and even after the sunset, there were many street lamps around the center.

The victim also stated that it was a situation where other people could have sufficiently seen the crime of this case.