The defendant shall be innocent.

1. The Defendant is a part-time student working at the convenience store B.

On July 28, 2017, at around 01:00, the Defendant was able to escape all clothes put in custody on the ground that weather conditions in front of the convenience store B located in the Namdong-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City, were heated and exposed to sexual organ, and was enjoyed in India.

Accordingly, the Defendant publicly committed an obscene act.

2. Determination

A. The term “obscenity act” in the crime of obscenity 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 to feel sexual humiliation and impairing normal sexual humiliation.

Although Article 3(1)3 of the former Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 24, 2017) provides that “any person who causes excessive bodily harm to another person by excessively exposing or exposing his or her body at a place where he or she is likely to cause damage to another person” shall be punished pursuant to Article 3(1)33 of the former Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 24, 2017). However, the Constitutional Court’s decision of unconstitutionality violates the principle of clarity of the principle of statutoryity of the crime (unconstitutionality decision 2016Hun-Ga33, Nov. 24, 2016).

In order to eliminate room for violation of the principle of clarity, the above provision was revised as the current law.

However, the amended provisions of the current law were enforced from October 24, 2017 and were not applied retroactively to the acts before enforcement, and thus, they cannot be applied to this case.

A. In light of the fact that “a person who embarrasses or displeasure other persons by exposing a major part of his body, such as her butt, etc. open to the public place,” was punished, etc., the act of exposing the body was committed.

Even if any, its date and time.