A. In fact-finding, the Defendant merely impregnating the grhetoric body due to fladrative symptoms caused by the Atopy disease, and did not engage in obscene acts as stated in the instant facts charged, and did not intend to do so.

Even if the defendant's act constitutes obscene act, at the time, the defendant was seated in the first place of the bus entrance, and was unaware of other passengers, and the defendant's act was concealed by the defendant's door or friendly delivery to the maximum extent and prevented other persons from witness, so there was no awareness of the public performance.

B. The sentence imposed by the lower court (2 million won of a fine and 40 hours of completion of a sexual assault treatment program) is too unreasonable.

2. Determination

A. The phrase “patent” under Article 245 of the Criminal Act refers to a state in which an unspecified or a large number of people can be directly aware of the assertion of mistake. In the event that a large number of unspecified people are present or frequent places, performance can be recognized even if they did not actually recognize it, and furthermore, the term “obscenity” refers to an act contrary to the concept of sexual morality by stimulating ordinary people’s sexual desire and impairing normal sexual humiliation.

(See Supreme Court Decision 200Do4372 delivered on December 22, 2000, and 2003Do2911 delivered on July 22, 2005, etc.). The following facts and circumstances revealed by the evidence duly adopted and examined by the lower court, namely, the Defendant was on board the bus through the front door of the bus in which two passengers, other than the witness, are present at the seat immediately following the bus as indicated in the lower judgment. In other words, the witness was on board the bus in the front door of the bus in which the Defendant was seated immediately following the driver’s license, and the witness was deducted from the sex flag after the Defendant was put in knee in the seat immediately after the driver’s license.