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A defendant shall be punished by imprisonment for four 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.
Reasons
Punishment of the crime
On June 21, 2018, the Defendant: (a) opened a froto in front of “E” (F, 28 years of age) on the front side of “E” located in Seocheon-si D, Seocheon-si on June 21, 2018 and take the froto at a place where a large number of players pass.
Dr. Dr.
Accordingly, the Defendant publicly committed an obscene act.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. 112 Application of the 112 Report Processing List, Photographs, and CD-related Acts and subordinate statutes;
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. Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against community service orders and orders to attend lectures;
1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances and frequency of the crime for sentencing under Articles 56(1) main sentence and 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the age, occupation, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, etc.
In 2015, the Defendant was sentenced to a suspended sentence of imprisonment and a fine due to the crime of coercion and the crime of obscene performance.
Nevertheless, without the opening of the past, he went to commit the instant crime of the same kind, and is highly likely to repeat the crime.
The decision is judged.
- A witness, as a crime committed by the Defendant, was exposed to a considerable sense of sexual humiliation, insult, or aversion, and was exposed to mental shock.
- However, the defendant recognized his mistake, shows an attitude that seriously reflects on his or her own, and it seems that he or she has made efforts not to repeat by finding a hospital and receiving treatment.