The defendant's appeal is dismissed.

1. The judgment of the court below which found the Defendant guilty of the facts charged of this case on the grounds delineated in the summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) is erroneous in misapprehending the legal principles as to public performance and obscenity

① The Defendant’s testimony that the Defendant appeared to conduct the same act as stated in the facts charged is merely a false or exaggerated statement, and thus, there is no credibility. Therefore, it is insufficient to recognize that the Defendant committed an obscene act solely on the B’s statement

② In addition, B stated that when the Defendant was fluenced with snow, the Defendant did not have a yellow color, and that it was difficult to see the degree. In light of such a statement, even if the Defendant committed an act as stated in the facts charged, it cannot be deemed that the Defendant had the intention to commit an obscene act against the Defendant.

③ Comparing the contents of B’s written statement, the statements at the time of police investigation, and the statements at the court of original instance, it is doubtful whether B was actually witnessed that the Defendant committed an act as described in the facts charged. Since B was fear or prejudice due to its fear or prejudice that the Defendant was anise (a person who was a cenese) and there is sufficient possibility of misunderstanding that the Defendant committed an obscene act with respect to the imprisonment, or an intangible act without the intent to commit an obscene act.

(4) If a man is able to see that the act of singing above clothes has committed self-defense, so as to be evaluated as obscene acts, it shall be sufficient to view that the man has committed self-defense.

The facts charged in the instant case are merely merely merely flaging the sexual organ, and it is not deemed that the fingers were collected or self-defense was committed. This act cannot be viewed as an act contrary to the concept of sexual morality by impairing the normal sense of sexual humiliation even if it could cause the general public to feel comfortable. Thus, it constitutes an obscene act as provided in Article 245 of the Criminal Act.