A defendant shall be punished by imprisonment for six 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.

Punishment of the crime

The Defendant, around 17:00 on May 4, 2016, at the end of Eunpyeong-gu Seoul Metropolitan Government on the alleyway, set off the sexual organ with the victim D who was passing through the alley of Eunpyeong-gu Seoul Metropolitan Government on May 4, 2016.

Patently, such as seen, was engaged in obscene acts.

Summary of Evidence

1. Statements made by witnesses D in the second public trial records;

1. Statement made by the police against D;

1. A detailed statement of the processing of reported cases;

1. Cuts, booms, images, and closure photographs;

1. Application of the laws and regulations on vehicle booms, video CDs, video files, and CDs for their expansion improvement;

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. As to the Defendant’s assertion under Article 16(2) and (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes Crimes committed by the Defendant, the Defendant did not commit the instant obscene act on the grounds that the Defendant did not appear on the Defendant’s vehicle, although the Defendant was located near the place of the instant crime.

The argument is asserted.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the Defendant’s obscene performance crime of this case is fully recognized.

① After witnessing a obscene act, the victim explained the offender’s appearance as “30 large, 175 cm average, 175 cm average, scambling, and scambling,” and stated the victim’s appearance as “scambling,” at the police investigation conducted four days later.

The victim's statement is reliable in light of the fact that the male of the above uniform is discovered in the video recorded in the black box of a vehicle parked near the place where the crime of this case was committed.

2. The injured party is classifying a man who is coming from the above black image as a criminal.

③ The male of the above uniform parked the E vehicle in the vicinity of the crime place of this case, and landed the alley from the vehicle, and he was on board the alley and the above vehicle after the lapse of 30 minutes.

(4) The above vehicles shall be the vehicles of the defendant.