Text
A defendant shall be punished by imprisonment for six 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. On June 6, 2017, the Defendant discovered the appearance of the Defendant in front of the Defendant’s residence address address No. 07:20, in front of the Defendant’s dwelling address address No. 1, the Defendant displayed his/her gender by opening the entrance door to the Defendant in a state where the Victim C (M, 24 years old) (M, 24 years old) was exposed to her body and was exposed to her sexual organ.
2. On June 19, 2017, at the same place as indicated in paragraph (1) around 07:20, the Defendant discovered that the victimized person was to work at the same time, and opened the entrance door to the victim while exposing his/her sexual organ to the body and displayed his/her sexual organ to the victim.
3. On June 23, 2017, the Defendant displayed his or her sexual organ to the victim in the same place as that described in paragraph 1 at around 07:20, and in the same manner as the description.
Accordingly, the Defendant made a patently obscene act three times in total.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A report on internal investigation (Attachment, such as field photographs);
1. Application of Acts and subordinate statutes to a investigative report (Attachment to a photograph to the screen of a portable phone image);
1. Relevant Article 245 of the Criminal Act, the choice of punishment, and the choice of imprisonment for 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 reason for sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes committed a second offense against the same victim on three occasions, even though the defendant had been subject to a conditional suspension of indictment for the same kind of crime, and again committed a second offense against the same victim. It seems that it is necessary to prevent the second offense by strictly asking the criminal liability for the instant crime.
However, considering the fact that the defendant recognized and reflected the crime in favor of the defendant, the punishment shall be determined as ordered in consideration of the circumstances of sentencing, such as the age, sex, environment, and circumstances before and after the crime.