The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The sentence sentenced by the court below to the defendant (two years of suspended sentence for six months of imprisonment, 80 hours of community service order, and 40 hours of lecture to treat sexual assault) is too unreasonable.

2. Ex officio determination

A. The Defendant’s assertion (the Defendant asserted to the following purport since the lapse of the period for appeal) was open to the stairs connected to the first floor that the second floor corridor, the place where the Defendant engaged in obscene acts of this case, was located. However, the obscenity of this case was in a state in which many, unspecified or multiple people could recognize the obscene acts of this case due to the fact that the obscenity of this case was located in a very long-term relationship with the wall or a crylic roof in the inner direction.

Although the requirements for “public performance” as referred to in the crime of obscenity are not satisfied, the lower court erred by misapprehending the fact that there is a public performance in the instant obscene act.

In view of the facts charged of this case, the charges of this case were convicted.

B. Determination 1) The term “public” as referred to in the crime of obscenity in a performance of relevant legal doctrine refers to a state in which an unspecified or a large number of people can be recognized, so performance is denied if only a certain minority can be recognized (see Supreme Court Decision 73Do409, Aug. 21, 1973, even though not directly a matter),). Therefore, in a case where a obscenity act was committed at a place in which a large number of unspecified people can communicate (theme distance), if it is objectively recognized that only a certain minority has become aware of it, performance is denied, and even if it is not objectively recognized that only a certain minority has become aware of it, there is a case in which the intent of performance is denied depending on all circumstances.

the calendar.