공연음란
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. On June 26, 2017, the Defendant: (a) committed a publicly obscenity act, such as her sexual flag and her mare going to the front of many people, such as nurse D (the age of 27), on the ground that the Defendant, while waiting in the patient classification waiting room of the C Hospital in Busan Seo-gu, Busan, was promptly informed of the treatment while waiting in the patient classification room of the patient classification room in Busan Seo-gu.
2. Determination
A. Article 245 of the relevant legal doctrine provides that “a person who publicly commits an obscene act” shall be punished as a crime of obscene performance.
In this context, the term “obscenity act” refers to an act contrary to the concept of sexual morality by stimulating ordinary people’s sexual desire, causing sexual interest and impairing normal sexual humiliation.
The crime is not a subjective objective of sexual intercourse, satisfaction, etc., but a subjective perception of sexual obscenity is sufficient.
However, Article 3(1)3 of the Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 24, 2017) Article 3(1)3 of the former Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 24, 2017) provides that “a person who embarrasses or damages another person by excessively exposing or exposing his or her body in a public place where many people’s snows might be hidden” shall be punished, but the Constitutional Court’s decision of unconstitutionality that violates the principle of clarity of statutoryism (Supreme Court Decision 2016Hun-Ga3, Nov. 24, 2016) was retroactively invalidated pursuant to Article 3(1)33 of the former Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 24, 2016).
In order to eliminate room for violation of the principle of clarity, the above provision was revised as the current law.
However, the amended provisions of the current law were enforced from October 24, 2017 and were not applied retroactively to the acts before enforcement, and thus, they cannot be applied to this case.
A. The phrase “a person who embarrasses or displeasure other people by exposing a major part of his body, such as her butt, openly sexual or other sex at an open place,” shall be punished.