The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defense counsel;

A. misunderstanding of facts and misunderstanding of legal principles have taken measures against a person who had frightened in order to alleviate the pains caused by the pre-feasible pre-feascation, and there was no criminal intent of public performance, and the victim D merely frighten out due to the Defendant’s act and did not cause a sense of sexual humiliation. Thus, it does not constitute obscenity.

In addition, the defendant had no knowledge of the defendant's act, since the defendant did not know of the defendant's act if the victim did not return part of the plaintiff's body and did not see the other person's act. Thus, there was no performance in the defendant's act.

Even if it is not so, the defendant's act of emergency treatment is a kind of emergency treatment as it is difficult for the defendant to participate in too severe pain, and it is an emergency evacuation to avoid an imminent situation.

Nevertheless, the lower court erred by misapprehending the legal principles on performance, obscenity, and emergency evacuation, thereby adversely affecting the conclusion of the judgment, on the grounds of the statement of the victim without credibility.

B. In light of the fact that there are circumstances to consider the circumstances leading to the instant crime by the Defendant, and that there is a risk of forced departure from the Republic of Korea due to the instant case, the lower court’s sentence imposing a fine of KRW 3 million is too unreasonable.

2. Determination

A. (1) Determination of the assertion of misunderstanding of facts and misunderstanding of legal principles (1) “patent” under Article 245 of the Criminal Act means a state in which many and unspecified persons may be directly aware of it. If multiple and unspecified persons are present or frequent, performance can be recognized even if they did not actually recognize it.

The judgment of the court below and the trial court are recognized by the evidence duly adopted and examined.