Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On September 16, 2018, at around 22:28, the Defendant exceeded all the lower court’s sexual organ and went back to the lower court, while setting off the lower court’s sexual organ while numerous people, such as D, etc. observe the Defendant’s order.

Summary of Evidence

1. Written statements of D;

1. The criminal place;

1. Application of Acts and subordinate statutes to suspect public performance, obscene photographs (field photographs);

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act (Calculation of fines in consideration of all the circumstances, such as the selection of fines and the occupation, etc. of the defendant being an initial offender);

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the Defendant’s assertion is merely merely a mere act of sexual exposure, and it does not constitute an obscene act under Article 245 of the Criminal Act, or it is difficult to deem that the Defendant had the intent to commit a public performance or obscenity.

2. The term “obscenity act” as stipulated in Article 245 of the Criminal Act refers to an act contrary to the concept of sexual intent by inducing sexual interest and impairing normal sexual humiliation by stimulating ordinary sexual desire, and it does not necessarily require to describe a sexual act or display a sexual intent.

(see, e.g., Supreme Court Decision 2005Do1264, Jan. 13, 2006). Furthermore, although the crime is not established with a subjective sexual objective, such as interest and satisfaction of sexual desire, it is sufficient to recognize the meaning of obscenity of the act.

(2) The following circumstances, which can be acknowledged by the evidence, (see, e.g., Supreme Court Decision 2000Do4372, Dec. 22, 2000). In other words, the Defendant goes in and out of C around the world where an unspecified number of people pass through, with his/her sexual organ exposed to his/her sexual organ, which is a sensitive and sensent body part of his/her subordinate body.