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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts as to the acquittal portion of the grounds for appeal) stated in the facts charged in this case, the Defendant laid down a spread in front of many people and laid down his sexual organ. In light of the various circumstances indicated in the records, the above act of the Defendant constitutes obscene acts under Article 245 of the Criminal Act, and sufficiently recognized that the Defendant had the intent to commit a crime, but the lower court acquitted the Defendant of the primary facts charged in this case on the ground that such act does not constitute obscene acts, thereby adversely affecting the conclusion of the judgment.
2. Summary of the facts charged in this case and the judgment of the court below
A. On May 28, 2015, the Defendant: (a) around 19:15, around May 28, 2015, 2015, at the entrance of the Damart E (at the age of 25) around the Dompt in Gumi-si; (b) laid off the Mamart staff E (at the age of 25) before multiple people, and laid off the sexual organ into a public obscenity.
B. The judgment of the court below is just based on the following facts: (a) the police officer called upon having received a report that he was frighting a frightt in DNA while drunk, discovered the Defendant’s behavior outside the marina, and subsequently, found the Defendant’s action; (b) the Defendant appears to have been under the influence of alcohol; (c) the Defendant was exposed to the body part to see the Defendant’s fright under the influence of alcohol; and (d) the Defendant’s statement of D E employee E (under the influence of alcohol, the Defendant must return the fright and the fright. The fright must be returned to the Defendant, and then the Defendant was pushed the Defendant out of the front entrance; and (d) the Defendant was frighted until the police officer frighted on the road) and the photograph of the crime (the frighting side of the road).