The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall be imposed on the defendant.

A. Defendant (guilty part of the judgment of the court below and obscene part of the performance obscenity) 1) mispersting the Defendant, at the time of the lower court, only viewed video as a cell phone from the rear seat of an express bus with no obscene act.

2) At the time of committing the instant crime, the Defendant was physically and mentally weak due to a mental disorder, such as a bipolartic disorder.

3) The sentence of the lower court (the amount of KRW 5 million, the amount of KRW 40 million, and the amount of sexual assault therapy program) against the illegal Defendant is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (the part not guilty in the judgment of the court below) and obstructing the performance of official duties by a police officer may ask questions to a person who was killed or wounded, etc. pursuant to Article 3 of the Act on the Performance of Police Duties by Police Officers. Thus, it is legitimate to perform official duties for a police officerJ, etc. to find the defendant at his/her residence after designating him/her as a suspect and then find him/her at his/her residence, and the act of the defendant who expressed his/her desire to answer his/her question without entering the defendant's room would interfere

B) Of the evidence of damage to public goods and damage to property, the “hacker photograph” out of the evidence is taken by entering a room with the consent of the Defendant mother, and is not an illegally collected evidence, and according to CCTV images, etc., each of the facts charged can be fully found guilty.

2) The lower court’s sentence against the Defendant, which was unfair in sentencing (the guilty portion as indicated in the lower judgment and the obscenity of a public performance), is too uneasible and unfair.

2. Determination

A. The guilty portion of the judgment below (obscenity of public performance) 1) prior to the judgment on the grounds for ex officio appeal, the Defendant was sentenced to imprisonment with prison labor for a violation of the Cultural Heritage Protection Act at the Ulsan District Court on December 15, 2017, and the judgment became final and conclusive on December 23, 2017, according to the evidence submitted by the prosecutor at the court below, prior to the judgment on the grounds for appeal by the court below, and the Defendant was sentenced to imprisonment with prison labor for a violation of the said Act, etc.