The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Legal principles (the point of public performance and obscenity) Defendant’s act of misunderstanding the legal principles does not constitute “obscenity” under Article 245 of the Criminal Act, when he was engaged in one person’s demonstration in order to resist LAC case.

B. Sentencing

2. Determination

A. As to the assertion of misunderstanding of legal principles, the "obscenity act" under Article 245 of the Criminal Act refers to an act contrary to the concept of sexual morality by stimulating ordinary people's sexual desire, causing sexual humiliation and causing normal sexual humiliation, and thus, the crime is not established subjectively, sexual purpose, such as sexual humiliation or satisfaction, and the act is sufficient if there is a perception of the meaning of the obscenity (see Supreme Court Decision 2000Do4372, Dec. 22, 2000). According to evidence duly adopted and investigated by the court below, the defendant can recognize the fact that he was exposed to sexual organ by exposing his body while carrying out one person's demonstration as recognized by the general public or many unspecified persons.

In general, the above act constitutes an obscene act contrary to the concept of sexual morality by impairing ordinary people’s normal sense of sexual humiliation, and cannot be said to be too excessive to the extent that it simply embarrasses or displeasure others.

B. In light of the motive and attitude of the crime indicated in the record, circumstances before and after the crime, etc., it was perceived that the Defendant’s body was aware that it appears to have caused sexual humiliation to another person’s normal sexual humiliation.

Recognized.

Therefore, this part of the defendant's assertion is rejected.

B. Even if the Defendant considered the circumstances surrounding the unfair argument of sentencing on the grounds of unfair sentencing, the lower court appears to have determined the sentence within a reasonable scope, taking full account of the overall circumstances regarding sentencing.

B. Since the lower judgment, there are special circumstances to change the sentencing of the lower court.