A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Punishment of the crime

[Criminal Power] On October 26, 2017, the Defendant was sentenced to a suspension of the execution of six months of imprisonment with prison labor for an obscene crime at the Suwon District Court on October 26, 201, and the said judgment became final and conclusive on November 3, 2017. However, on May 13, 2019, the Defendant was under imprisonment with prison labor in the Suwon Detention House.

【Criminal Facts】

On April 24, 2019, the Defendant: (a) 22:06, at the Suwon-si B, laid down in the side of D (the age of 19), from among the employees and customers of the said store, and was in the manner of cutting off the Defendant’s will and panty panty, and cutting off the panty, and making it a hand by hand.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. As to the assertion of the defense counsel under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and Article 59-3(1) main text of the Act on Welfare of Persons with Disabilities, the defense counsel asserts that the

In light of the evidence duly adopted and examined by this Court, the defendant is acknowledged as having a mental disability of the third degree.

However, in light of the contents of the defendant's statement, it seems that the defendant had weak ability to discern things or make decisions due to mental disorder, and thus, the above assertion is rejected.

The punishment shall be determined as per the order, taking into account the circumstances following the reasons for sentencing and the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. as shown in the arguments in this case.

- At the end of the suspension of execution due to the same offence /.