Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On June 4, 2014, at around 14:00, the Defendant, in a park located in Gangdong-gu Seoul Metropolitan Government, 79-ro 114 (Madukdong), laid tear hole out through the hole, laid out the sexual organ out, and turned out by hand the part.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. C’s legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a report on investigation (related to attachment of photographs);

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the crime, the choice of fines;

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

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

1. The defendant and his defense counsel asserts that the defendant's assertion of the defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is that the defendant did not have to tear part, but only the witness's satisfying with a man by hand while being shired with teared, and it does not constitute a public performance and obscenity because many people do not have to observe.

In the case of public performance and obscenity under Article 245 of the Criminal Act, the crime is not established with a subjective objective of sexual humiliation, satisfaction, etc., and it is sufficient if there is a perception of the meaning of obscenity (see Supreme Court Decision 2003Do6514, Mar. 12, 2004). Also, the term “public” in the same Article means a state in which many and unspecified persons are known, and it is established if there is a possibility that obscenity act may be perceived by an unspecified or many unspecified persons, and it is not necessary to recognize obscenity act in reality, and it is not necessary to legally adopt and investigate it.