A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On January 7, 2017, around 16:23, 2017, the Defendant laid off E (n, 26 years of age) in front of the D Female located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and laid down his/her boomer and boomed his/her sexual organ with his/her finger hand, thereby openly harming him/her.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Two copies of the photograph;

1. Application of Acts and subordinate statutes to the investigation report (referring to E and currency of a witness);

1. Article 245 of the Criminal Act applicable to the facts constituting an offense and Article 245 of the choice of punishment;

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 of the crime and its reflect that there has been two times of punishment for obscenity;