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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around October 23:20 on October 10, 2016, Defendant 2017, Defendant 196, reported D (names, leisures) who were home home on the alleyway in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, and d) who was frighted to satch after having taken back satch after having taken out satis.
By doing so, the act was publicly obscene.
2. From around 18:20 on October 17, 2017 to 18:54 on the same day, Defendant 2017, Defendant 3353, was engaged in an obscene act publicly by committing an act of self-defashing the sexual organ, which was generated by driving away from an unspecified number of women who were pushed away in a short flag or body from the subway platform of Seongdong-gu Seoul, Seongdong-gu, Seoul, by cutting off the female and opening his flaba, with the stits in which they were suffering from the sexual organ, and by cutting it into the left hand.
Summary of Evidence
[2017 Highest 196]
1. Statement by the defendant in court;
1. Statement made by the police with D (2017 senior group 3353);
1. Statement by the defendant in court;
1. Investigation report (Analysis of suspect’s criminal activity images), the application of suspect A video CD-related Acts and subordinate statutes;
1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting a crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentence identical to the order shall be determined by comprehensively taking into account the circumstances under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant and other conditions of sentencing indicated in the records, such as the Defendant’s age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime;
- The recognition and reflect of the crimes that have been punished twice by a fine due to violations of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media);