Defendant

A shall be punished by a fine of KRW 1,000,00, and by a fine of KRW 1,500,000, respectively.

The Defendants respectively.

Punishment of the crime

Defendant B was sentenced to one year of imprisonment for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes at the Daejeon District Court on September 20, 2007, and was sentenced to a fine of three million won due to a forced indecent act, etc. at the Seoul Central District Court on September 25, 2013, and was sentenced to eight months of imprisonment for larceny at the Seoul Central District Court on November 22, 2013, and completed the execution of the sentence at the Seoul Central District Court on June 13, 2014, and was sentenced to a summary order of KRW 70,000 as a fine for a crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes at the Incheon District Court on October 10, 2014, and on December 24, 2015, the Incheon District Court issued a summary order of one million won as a fine for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Observance, etc.).

Criminal facts

Defendants are unemployed persons in a de facto marital relationship from February 2014.

At around 13:50 on July 15, 2016, the Defendants exceeded the lower limit in the green space between the Seoul Southern-gu Police Station and C located in 410 as Han River, Jung-gu, Seoul, Seoul, and Defendant B tried to put up the lower limit on the floor, and Defendant A intending to enter the lower limit of Defendant B’s sexual organ as soon as possible, and inserting the Defendant B’s sexual organ into the upper limit of Defendant B’s body.

As a result, the Defendants conspired to publicly engage in obscene acts.

Summary of Evidence

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Report on investigation (related to photographing photographs of sexual intercourses);

1. Application of Acts and subordinate statutes to photographs of sexual intercourses;

1. Articles 245 and 30 of the Criminal Act and selection of fines concerning the relevant criminal facts

1. Articles 70(1) and 69(2) of the Criminal Act on the confinement of the workhouse (defendants)

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendants recognized the facts charged at the investigation stage; (b) the Defendants’ age, sexual conduct, environment, motive and consequence of the crime; and (c) the circumstances after the crime.