공연음란등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In fact-finding the Defendant’s misunderstanding of facts did not take the Defendant’s sexual organ against the victim, even though the Defendant put the Defendant’s son around the victim.
In addition, the crime place of this case was the entrance of the parking lot inside the street, not the street for people, so there is no performance.
B. The lower court’s sentence on the Defendant is too unreasonable.
2. Determination on the grounds for appeal
A. In full view of the following circumstances acknowledged by the evidence duly examined by the court below regarding the assertion of mistake of facts, i.e., the victim specifically stated the clothes of the defendant at the time of the crime, the appearance of the defendant's sexual organ out of the reflector, and ii) the defendant voluntarily testified that he was out of the sexual organ when he was investigated by the police, and the court below also led to the confession of all the facts charged in this case, iii) the entrance of the 1st floor parking lot at the time of the crime in this case, and the location where the crime in this case occurred, which was somewhat far away from the street, are located at the public place sufficient to see the defendant's act, it can be sufficiently recognized that the defendant committed an obscene act, such as taking out his sexual organ out of the public place.
Therefore, this part of the defendant's argument is without merit.
B. The lower court, based on its stated reasoning, determined the Defendant’s punishment on the grounds of sentencing. In full view of the circumstances stated by the lower court and other various sentencing conditions, the lower court’s punishment is too unreasonable.
Therefore, this part of the defendant's assertion is without merit.
3. Ex officio determination on an employment restriction order under the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) and enforced June 12, 2019, Article 59-3 of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Jun. 12, 201