The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On August 31, 2015, the Defendant: (a) was under the influence of alcohol from D hotel 602, a D hotel in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, the Defendant was exposed to the entrance of the guest room where the victim E (V), was under the influence of alcohol, and the victim was under the influence of alcohol.

Accordingly, the Defendant used a patently obscene act.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report internal investigation (including the dispatch of the scene, etc., and the statement of the reporter F);

1. Article 245 of the Criminal Act applicable to the crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. Determination on the assertion of the Defendant and the defense counsel under Article 59(1) of the Criminal Act (a postponed fine of two million won) of the suspended sentence

1. The gist of the assertion was that the Defendant was aware of the obscenity in a small hotel corridor in the size of the Moel, but it was not exposed to the victim, but did not recognize that the Defendant was engaged in drinking and diving. Therefore, there was no awareness of the obscenity in the performance.

2. The term “patent” under Article 245 of the Criminal Act refers to a state in which many and unspecified persons may be directly aware of it, and if a place where many and unspecified persons are present or frequent, it was not practically aware of it.

Even if public performance can be recognized, and on the other hand, the term "obscenity act" refers to an act contrary to the concept of sexual morality by stimulating ordinary people's sexual desire and impairing normal sexual humiliation by stimulating them. The crime is not established subjectively for sexual purpose, such as sexual humiliation or satisfaction, but it is sufficient if there is a perception of the meaning of the act's sexuality (see Supreme Court Decision 2000Do4372, Dec. 22, 200). According to the above evidence duly adopted and examined by the court, the defendant is the defendant.