A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On September 10, 2019, the Defendant had a public performance obscenity store located in Busan Dong-gu, Busan on September 10, 2019, and had a public performance obscenity (hereinafter “public performance obscenity”) committed an obscene act, such as taking the sexual organ into his hand between the displayroom and showing the sexual organ to a camera with the victim D (n, 22 years of age) who is an employee in the state of exposing the sexual organ, etc.

2. On September 14, 2019, the Defendant had a public performance obscenity store around 16:15 on September 14, 2019, and had been openly obscene acts, such as the Defendant’s sexual flag, and her sexual flag, and her sexual flag was exposed to a camera with an employee E (the 22 years of age) in the state of exposing the sexual flag, and her sexual flag was shakend below, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and D preparation;

1. Each photograph;

1. Qua;

1. F message, etc.;

1. 112 Reporting case handling table; and

1. The CD;

1. Investigation report (verification of CCTVs in generated areas);

1. Application of Acts and subordinate statutes to a report on investigation (the confirmation of CCTV at a location in which such report has occurred);

1. Relevant Article 245 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

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

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

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

5. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act.

1. The scope of punishment by law: Imprisonment with prison labor for not more than one year and six months;

2. Non-application of the sentencing criteria: In the case of public performance and obscenity, the sentencing criteria are not prepared.

3. The crime of this case committed is not good, where the defendant, who was sentenced to punishment, entered a convenience store, presented the head of female employees with his sexual organ.

The victims seem to have received a considerable sense of sexual humiliation or mental impulse due to the crime of this case.

The victims did not receive any statements from them.

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