When the defendant does not pay the above fine, 100,000 won.

On June 16, 2020: (a) around 12:16, the Defendant made a patently obscene act, such as getting out of a way that many people walk on the street B in front of the Gangseo-gu Seoul Metropolitan Government for an unforeseen reason; (b) cutting out the sexual organ; and (c) putting it out by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on internal investigation by the police report (on-siteCCTV investigation) to C;

1. Article 245 of the Criminal Act and Article 245 of the Criminal Act concerning the crime, the choice of fines;

1. The main sentence of Article 70 (1) and the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order under Article 69 (2) of the Criminal Act

1. The summary of the Defendant’s assertion regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act does not mean that the Defendant committed an obscene act as indicated in the holding that he/she was intending to see a defense due to a sudden change in the defense.

2. Determination

A. The "obscenity act" under Article 245 of the Criminal Code refers to an act contrary to the concept of sexual morality by stimulating ordinary people's sexual desire and impairing normal sexual humiliation by stimulating them. The crime is not established subjectively for sexual purpose, such as sexual humiliation or satisfaction, but it is sufficient if there is a perception of the meaning of the obscenity.

B. (See Supreme Court Decision 2000Do4372 delivered on December 22, 2000).

이 법원이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정, 즉 ① 목격자 C는 자신이 운영하는 화실 통유리 밖으로 멈칫멈칫 하면서 걸어오는 피고인을 보았는데, 피고인이 갑자기 바지와 팬티를 내려 성기를 꺼내 손으로 잡아서 자신에게 보여주었다는 취지로 진술하였던 점, ② 범행현장이 찍힌 CCTV 영상에 의하면 피고인이 목격자가 운영하는 화실 방면으로 걸어오다 멈추어 선 다음, 화실 쪽을 정확히 응시하며 약 1~2초가량 성기를 밖으로 꺼내어 보인 뒤...