The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

A. The lower court erred by misapprehending the legal doctrine as to this part of the facts charged, thereby finding the Defendant not guilty, although the lower court did not err by misapprehending the legal doctrine on this part of the charges, even though the Defendant’s act of public performance and obscenity was committed by the police officer who received 112 reports and received attention from the police officer, and thereby making the Defendant’s act of unloading the Defendant’s sexual organ before being seen to constitute obscene acts.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of a fine) is too uneased and unreasonable.

2. Determination

A. An ex officio determination prosecutor shall maintain the facts charged as to “public performance and obscenity point” as the primary facts charged, and the name of the offense shall be “violation of the Punishment of Minor Offenses Act”, “Article 3(1)33 of the Punishment of Minor Offenses Act”, and the facts charged shall be applied for changes in indictment adding the contents of the following facts charged under paragraph (1) of the same Article, and the court below found the Defendant guilty of the facts charged added as follows. As such, the part of the judgment below’s acquittal cannot be maintained.

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of misapprehension of the legal principles as to the primary facts charged is still subject to the judgment of this court, and this is examined below.

B. On December 25, 2019, the summary of the facts charged by the prosecutor regarding the primary facts charged in the public performance obscenity is as follows: (i) from around 12:25 to 12:35 on December 25, 2019, the Defendant: (ii) from around 12:25 to around 12:35 on the street in front of the Jeju city, and (iii) from the police officer who was dispatched upon 112 report and received attention from 112, the Defendant her own will and her sexual organ were openly obscene and publicly obscene by her sexual organ. (ii) The lower court determined by the lower court, as indicated in this part of the facts charged, was accompanied by a large number of people.