The defendant's appeal is dismissed.

1. On September 14, 2012, at around 16:45, the Defendant: (a) parked a vehicle E-car on the ground parking lot front of Daejeon Sungdong-gu D apartment 902, Daejeon, and discovered female students who are sitting in the front of the said vehicle and sperm; and (b) went against the driver’s seat of the said vehicle, and embling the sexual organ by openly string it into hand; and (c) committed an obscene act.

2. Summary of grounds for appeal;

A. The Defendant did not have committed any obscene act as stated in the facts charged at all.

B. Even if the Defendant committed an obscene act, the Defendant’s act was conducted in a closed passenger car. The Defendant’s act was conducted in a closed passenger car, and the car on which the Defendant was on board was fluored with a glass color, with a view to unrecognizing the inside situation of the outside, and the Defendant did not intend to produce obscene acts to others. Moreover, the Defendant did not intend to do so, and thus, the Defendant did not constitute a public performance and obscenity crime.

C. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

3. Determination

A. The court below determined that the defendant committed the act of self-defense as stated in the facts charged in detail of the judgment of the court below, and judged that the defendant committed the act of self-defense as stated in the facts charged. In full view of the records and closely compared with the records, the judgment of the court below is justified and the judgment of the court below which judged that the defendant committed the act of self-defense is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts and not by misapprehending the facts.

B. The term “patent” under Article 245 of the Criminal Act, which determines whether a performance exists or not, can be directly recognized by unspecified persons or many people.