2019 Highest 4341 Residence, obscenity, and public performance

Man-out (name), 69 years old, male, and unemployed

Residential Ulsan

Reference domicile

Park Jong-young (prosecution) and Park Jin-Jin (public trial)

Attorney Kim Kim (Korean National University)

April 9, 2020

Defendant B shall be sentenced to six months of imprisonment: Provided, That the execution of the above sentence shall be postponed for two years from the date this judgment becomes final and conclusive. An order to be observed and observed by Defendant and to take a sexual assault treatment course for forty hours and to take a sexual assault treatment course for 40 hours shall be issued to Defendant. An order shall be issued to a child or juvenile-related institution and a welfare facility for disabled persons for two years each.

Facts of crime

1. Around July 8, 2019, around 19:30 on July 19, 2019, the Defendant: (a) was accommodated in the victim’s home located in the ○○○○○ ○○○○○○○○○○○○○ (a person aged 62); (b) entered the victim’s home located in the said 4th floor through the entrance that was not corrected. Accordingly, the Defendant infringed on the victim’s residence.

2. obscenity of a public performance;

Defendant returned to the third floor of the above her motherel's cU convenience point in Ulsan Nam-gu, Namnam-gu, 20:30 on the same day, Defendant was exposed to the her sexual flag for about one hour at approximately 20:30 on the front corridor in Ulsan Nam-gu, 202. Accordingly, Defendant was exposed to the her sexual flag for about one hour at approximately 20:30 on the same day.

The summary of evidence (to be omitted)

Application of Acts and Subordinate Statutes

1. Relevant provisions concerning criminal facts;

Article 319(1) of the Criminal Act, Article 245 of the Criminal Act, and choice of imprisonment for concurrent crimes; 1. Aggravation of concurrent crimes

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Article 16(2) and (4)1 of the Act on Special Cases concerning the observation of protection and the punishment, etc. of sexual assault crimes ordered to take lectures; Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3(1) of the Welfare of Disabled Persons Act

The reason for sentencing seems to have been subject to considerable mental impulse due to the instant crime. However, the sentencing conditions indicated in the records, such as the victim's age, occupation, character and conduct, family relation, environment, circumstance leading to the crime, circumstance after the crime, etc., are determined as ordered by considering that the victim did not want the punishment against the defendant and the defendant does not have the same criminal records.

Judges electrical interest