The prosecutor's appeal is dismissed.

1. According to the witness’s statement that corresponds to the summary of the grounds for appeal, the court below found the Defendant guilty on the ground that the Defendant had committed an obscene act by openly using his/her inner windows, but the court below acquitted him/her of the facts.

2. Determination

A. On April 16, 2015, the summary of the facts charged: (a) around 07:20 on April 16, 2015, the Defendant: (a) laid off the Defendant’s inner window in Songpa-gu Seoul Songpa-gu, with the direction of the direction of the direction of the direction of the Defendant’s front of the front door of the Defendant’s inner window in Songpa-gu, Songpa-gu, Seoul (hereinafter referred to as “YY 17 years old”; (b) laid down the Defendant’

Accordingly, the Defendant publicly committed an obscene act.

B. The lower court determined that the Defendant was not guilty of the facts charged on the ground that the evidence submitted by the Prosecutor, such as the witness’s statement regarding the instant crime, cannot be deemed to have reached the degree of excluding a reasonable doubt, and that there is no other evidence to acknowledge it, on the grounds that the lower court found that the Defendant was in front of the window at the time of the instant case, but based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court.

(1) At the time of the instant case, the witness was kneek in the Defendant’s knee and the body of the Defendant was in the state of body.

According to the result of on-site inspection by the court of original judgment, the height from the floor of the inside room where the defendant was the defendant at the time of this case to the creative frame is higher than the height of the defendant's body.

Therefore, even if the defendant is blue in the floor, it is not easy to see the defendant's sex and body outside the house, even if he is blue in the front and rear blue, so the defendant committed the crime of this case by blue on the inner floor.

It is difficult to see it.

② According to the results of field inspection by the lower court, it is recognized that the placement of the Defendant’s house-to-house household has been changed after the occurrence of the instant case.