A. In light of the misunderstanding of facts or misunderstanding of legal principles (not guilty part of the judgment of the court below), the defendant's act constitutes an obscene act under Article 245 of the Criminal Act, but the court below acquitted the defendant of this part of the charges, or erred by misapprehending the legal principles as to obscene act, which affected the conclusion of the judgment.

B. The sentence of an unreasonable sentencing (one million won of a fine) by the lower court is too unhued and unreasonable.

2. Determination

A. On March 19, 2018, the Defendant: (a) around 22:00, on the charge of misconception of facts or misapprehension of the legal principles, the charge was found to have been proved on the following occasions: (b) around 19, 2018; (c) around 22:0, the Defendant used drinking in front of Busan Shipping Daegu, Busan (the age of 17) and his mother to D; and (d) around 3:4 times through drinking; and (e) around 10 times after the Defendant’s sexual organ was frightening. Accordingly, the lower court determined that the Defendant’s act may constitute an act of publicly obscene or insulting that leads to another person’s humiliation, or that it constitutes an obscene act of causing sexual humiliation and impairing normal sexual humiliation by stimulating ordinary people’s sexual desire, and that this part of the charge was not proven without any reasonable doubt.

In light of the records, a thorough examination of the evidence duly adopted and examined by the court below, the court below's determination of not guilty of this part of the facts charged is just and acceptable, and there is no error of misconception of facts or misunderstanding of legal principles as alleged by the prosecutor.

Therefore, this part of the prosecutor's argument is without merit.

B. As to the Defendant’s assertion of unfair sentencing, the Defendant’s crime of intimidation entails the victim without any particular reason.