The defendant's appeal is dismissed.

1. The summary of the grounds for appeal does not constitute a public performance or obscene act on the date and time stated in the facts charged.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in the misconception of facts.

2. The first instance court’s judgment was clearly erroneous when it was intended to re-examine the first instance court’s judgment and subsequently determine it ex post facto, although there was no objective reason to affect the formation of a documentary evidence in the process of the trial.

There should be reasonable grounds to deem that the argument leading to the fact-finding is remarkably unfair as it is against logical and empirical rules to maintain the judgment, and without such exceptional circumstances, the judgment on the fact-finding of the first instance court should not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The Defendant also asserted the same purport as the grounds for appeal, and the lower court rejected the said argument and convicted the Defendant of the facts charged in the instant case on the grounds stated in its reasoning.

In light of the evidence duly adopted and examined by the court below, the judgment of the court below is justified.

Therefore, the defendant's assertion of mistake is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.