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

1. On March 6, 2017, the Defendant: (a) around March 6, 2017, around 16:35, up to the “C cafeteria” located in Seocheon-si B, Seocheon-si, 2017, left the place where other customers, including customers D, were viewed as having been engaged in an obscene act by putting his/her sexual organ into his/her hand; and (b) laid down his/her sexual organ with his/her hand.

2. The Defendant, on April 18, 2017, posted a path on the alleys adjacent to “F cafeteria” and “F cafeteria,” located in Bupyeong-si around 10:35 on April 18, 2017.

At the same time, G had his sexual organ only several times and made a patently obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. G statements;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 245 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Based on the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing as shown in the records, such as the defendant’s age, mode of crime, occupation, sex, criminal conduct, family relationship, living environment, circumstances leading to the crime, etc.

- On April 9, 2014, the Defendant received a summary order of KRW 2 million as an obscene crime of public performance from the Busan District Court Branch.

Nevertheless, it seems that it did not make any effort to prevent recidivism, such as going to commit the crimes of this case two times without good cause, and receiving mental treatment, etc.

The risk of recidivism is high.

- In the crime committed by the Defendant, the witness was suffering from a considerable sense of sexual humiliation, insult, and aversion, and was mentally shocked.

- However, it seems that the defendant has recognized his mistake, and the defendant seems to repent.