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A defendant shall be punished by imprisonment for not less than three months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On December 9, 2015, the Defendant was sentenced to a fine of one million won for obscenity by the Seoul Western District Court on December 9, 2015, and on June 30, 2015, the Seoul Western District Prosecutors' Office issued a conditional suspension of indictment for the crime of obscenity.
From April 5, 2019 to April 01:00 to 01:30, the Defendant openly committed obscene acts, such as holding a flab and self-defabing of sexual organ, even in a luxative forest, by women going through the streets near Mapo-gu Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Defendant and C’s written statements
1. 112 reported case handling table;
1. Photographs;
1. Previous convictions indicated in judgment: The application of criminal records, copies of written decision not to prosecute, and copies of summary order statutes;
1. Article 245 of the Criminal Act applicable to the crimes;
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;
1. As if the Defendant voluntarily acknowledges the reason for sentencing as prescribed in the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2019), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the Defendant has repeated the same act as the instant crime
Although it is sufficiently recognized that the defendant is pening in depth, it seems that the minor punishment would not be a measure in order to not re-refilled the same crime.
In principle, punishment is inevitable.
However, the punishment shall be determined by taking into account the fact that the defendant is still young and is trying to lead a normal social life, the character and conduct, environment, attitude after the crime, etc. of the defendant.