공연음란
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds of appeal, the Defendant’s behavior attitude, witness’s statement, etc., even though the Defendant’s act constitutes an act contrary to the concept of sexual morality by stimulating ordinary people’s sexual desire and impairing normal sexual humiliation, the lower court acquitted the Defendant of the facts charged in this case on different premise. In so doing, the lower court erred by misapprehending the legal doctrine on obscene acts in the crime of obscenity in a public performance, thereby adversely affecting the conclusion of the judgment.
2. On the grounds indicated in its reasoning, the lower court determined that the Defendant’s act constitutes an obscene act that may cause sexual humiliation and harm a normal sense of sexual shame by openly exposing his/her sexual organ and her mackt to another person at an open place, and thus, constitutes an act that may cause sexual humiliation and harm a normal sense of sexual shame by stimulating ordinary people’s sexual desire beyond this, without reasonable doubt.
Considering that the facts charged cannot be seen, the instant case was acquitted.
Based on the facts found by the court below, the nurse D reported 112 of disregarding the behavior that the defendant did not cooperate with the progress of the medical examination and treatment without a clear reason.
Defendant showed her her butt, and did not directly see Defendant’s sexual organ.
In light of the statement to the effect that it did not feel a sense of sexual humiliation, the above determination by the court below is just and acceptable, and there is an error of law by misunderstanding facts or misunderstanding of legal principles as alleged by the prosecutor.
subsection (b) of this section.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.