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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
On August 7, 2020, the Defendant: (a) around 13:30 on August 7, 2020, at the vicinity of the bus stops located in Nam-gu C Bank located in Ulsan-gu B, and (b) on several occasions waiting buses at the bus stops, and (c) on several occasions, and (d) on one’s hand, the Defendant got off the bus.
Accordingly, the Defendant publicly committed an obscene act.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of each statute on photographs;
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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Order to attend a course;
1. The reason for sentencing in the main sentence of Article 56(1) of the Act on the Protection of Children against Sexual Abuse and Article 59-3(1) of the Welfare of Persons with Disabilities Act, which is subject to employment restriction order, is that the Defendant engaged in an obscene act in a public performance even though he/she had the same criminal history, and it is highly likely that the nature of the offense is bad,
Comprehensively taking into account the circumstances leading to the instant crime, the content of the obscenity, the age and environment of the Defendant, and the circumstances after the instant crime, the sentence against the Defendant shall be determined as ordered.