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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal is as follows: (a) the Defendant who suffered from chronic renal failure at the time of the instant case was unable to participate in a sudden renal failure; and (b) there was no intention of obscenity.
2. Around 18:40 on June 20, 2013, the summary of the instant facts charged: (a) the Defendant: (b) landed around the bus stops of Taecheon-gu Seoul Metropolitan Government C in front of his bus stops; (c) produced his sexual organ, and (d) openly obscene acts, by exposing his sexual organ.
3. In full view of the Defendant’s partial statement and witness D’s legal statement, the lower court determined that the Defendant’s act constituted obscene acts and also committed obscene acts, and found the Defendant guilty of the instant facts charged. In so doing, the lower court convicted the Defendant of the instant charges, on the following grounds: (a) comprehensively held that the Defendant’s act was in the direction of seeing other people from the bus stops adjacent to a large number of people; and (b) recognized that the Defendant’s act was an obscene act; and (c) recognized that it was an obscene act.
4. Judgment of the court below
A. According to each of the legal statements made by the Defendant and the witness D of the lower court, it is recognized that the Defendant’s sexual flag was laid out of the front door of the bus stops, where many people are located, and that the Defendant was aware of the fact, but there was an intention to obscenity for the Defendant at the time of the instant case.
B. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the trial court, namely, ① the Defendant suffered from the “defluent and chronic refrativity of the refrativity” or “abrent prefrativity” before a few months and has been subject to pharmacologic treatment at the hospital until now, and a person suffering from such disease may suffer from the disease, and may cause a case where it is difficult for him/her to feel with an intention, and the delay and extension of the urology may result in a prolonged urology, and the strength and frequency of the urology may be more frequent after drinking water, such as water and drinking water.