The judgment below

Among them, the part on the violation of the Punishment of Minor Offenses Act (the penalty and the sentence of confiscation) shall be reversed.

1. Summary of grounds for appeal;

A. The Defendant committed each of the crimes of this case under the condition of mental and physical weakness or loss of body and body by having a mental and physical disorder met.

B. The punishment of the lower court (one year of imprisonment and a fine of one hundred thousand won) is too unreasonable.

2. Ex officio determination

A. Of the facts charged in the instant case, the part concerning the violation of the Punishment of Minor Offenses Act 1) among the crimes charged against sexual exposure, the Defendant, from around 10:00 on August 18, 2016 to from around 11:133 on the front day of “free market tower”, which is a public place located in 132 from around 10:0 on the front day of the prime City, from around 10:00 on August 18, 2016.

In addition, the floor of the place was embarrasure or displeasure to other people by viewing the urine on the floor.

2) On November 24, 2016, the Constitutional Court rendered a decision that “Article 3(1)33 of the Punishment of Minor Offenses Act (wholly amended by Act No. 11401, Mar. 21, 2012) is in violation of the Constitution” in the case of 3 Constitutional Court Decision 2016Hun-Ga3 Decided November 24, 2016.

Therefore, Article 3 (1) 33 of the Punishment of Minor Offenses Act loses its validity retroactively pursuant to Article 47 (3) of the Constitutional Court Act. Thus, this part of the facts charged charged, which applied the above provision, constitutes a case where the crime is not committed.

Nevertheless, the court below found the above facts charged guilty, which affected the conclusion of the judgment.

B. Of the facts charged in the instant case, the Defendant, from around 10:00 on August 18, 2016 to around 11:13 of the same day, committed the crime of violation of the Punishment of Minor Offenses Act (i) the violation of the Punishment of Minor Offenses Act (i) the summary of the public prosecution room, which was located in the public place located in 132 from around 10:00 to around 13:13 of the same day, of the original city, sought against the unspecified persons, thereby interfering with passage of others or getting annoyed.

2) Article 3(1)18 of the Punishment of Minor Offenses Act provides that “a person who interferes with or bothers access to others by beg at a public place” shall be punished.

Accordingly, according to the evidence duly adopted and examined by the court below, the defendant is a public market.