A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a physically handicapped person of the sixth degree.

1. 공연음란 피고인은 2019. 5. 11. 15:00경 서울 영등포구 B에 있는 C 앞 골목에서 집으로 들어가려고 하는 D(여, 24세)를 보고 "엉덩이가 빵빵하네, 박으면 좋겠다, 맛있겠다."라고 말하며 자신의 츄리닝 바지 주머니에 손을 넣은 채 성기를 만져 공연히 음란한 행위를 하였다.

2. Intrusion upon residence;

A. From June 16, 2019 to June 21, 2019, the Defendant committed the crime, between around June 16, 2019 and around June 21, 2019, was a multi-household house in which the victim F, etc., located in Yeongdeungpo-gu Seoul Metropolitan Government E, and went into the residence of the victims, and up to three floors from the public stairs were invaded.

B. Around July 6, 2019, the Defendant committed the crime on or around July 6, 2019, the above 2. A.

In the case of multi-household housing in which the victim F et al. in the port reside, the victims' house was opened, and up to the second floor through public stairs infringed on the victims' house.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. G statements;

1. Application of Acts and subordinate statutes to place of crime;

1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, Article 245 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of public performance and obscenity as stated in Article 62-2 of the Criminal Act, Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 2(1)1 of the Act on Special Cases concerning the Registration of Personal Information, Disclosure Order, and Notification Order, does not constitute a sex offense subject to the registration of personal information under Article 42(1) of the same Act, and does not constitute a sex offense subject to the disclosure order and notification order under Articles 47 and 49 of the same Act.