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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 29, 2018, the Defendant: (a) around 21:45, at the C coffee shop in Busan Scaro-gu, Busan, (b) and many unspecified customers of the coffee shop, such as D (at least 18 years of age), made a publicly obscene act by getting out of his sexual organ and taking out his sexual organ.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes on photographics and storage dyefies;
1. Relevant statutes concerning facts constituting an offense and the choice of punishment under Article 245 of the Criminal Act, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (see, e.g., recognition of and reflect on criminal conduct);
1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;
1. The reason for sentencing of Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse of the Act on the Protection of Children and Juveniles against Sexual Abuse, in consideration of the fact that the defendant again committed the instant crime despite the past record of the same kind of crime more than three times, and the fact that the content of the instant crime is not good, requires a strict
However, the fact that the defendant recognizes the crime of this case, separates his mistake, and does not repeat the crime through exposure treatment, etc., and the defendant's age, character, conduct and environment, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by the sentence.