The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

1. On May 25, 2018, the Defendant, at around 13:03, viewed the side of India, which is recognizable by many unspecified persons, in the left-hand side of Sungsung-si B apartment C-3-4, and carried Handphones and carried down a obscenity with the left hand, and carried out an obscene act that enables his sexual flag.

2. Article 245 of the Criminal Act provides that “a person who publicly commits an obscene act” shall be punished as a public performance or obscenity crime.

The term “obscenity act” refers to an act contrary to the concept of sexual morality by stimulating ordinary people’s sexual desire, causing sexual interest and impairing normal sexual humiliation.

The crime is not a subjective objective of sexual intercourse, satisfaction, etc., but a subjective perception of sexual obscenity is sufficient.

However, even if a physical exposure occurred, in light of the specific circumstances, such as the date and time, place, part of the exposure, method and degree of exposure, and motive and circumstance of exposure, in cases where it is deemed that such act does not merely cause sexual interest and harm a normal sense of sexual shame by stimulating ordinary people’s sexual desire, but rather merely causes sexual humiliation or displeasure to others, such act cannot be deemed as an obscene act under Article 245 of the Criminal Act.

(See Supreme Court Decision 2003Do6514 delivered on March 12, 2004). 3. According to the evidence duly adopted and examined by this court, the fact that the Defendant was exposed to the left hand with handphones at the time and place indicated in the facts charged is recognized.

However, in light of the following circumstances that can be recognized by the pleadings and records of the instant case, the above facts of recognition and the evidence submitted by the Prosecutor alone are exposed to the Defendant’s aforementioned act openly at an open place.