The defendant shall be innocent.

1. On August 12, 2017, the Defendant, at the seat of the D Bathing Beach E parking lot located in Busan, around 14:10 on August 12, 2017, off the clothes and returned back to the surrounding areas, while the Defendant, in front of the D Bath E parking lot located in Busan, and in front of the victim F (26 years of age).

Accordingly, the Defendant publicly committed an obscene act.

2. The term “obscenity” in the crime of obscenity under Article 245 of the Criminal Act refers to an act contrary to the concept of sexual morality by stimulating ordinary people’s sexual desire to feel sexual humiliation and impairing normal sexual humiliation.

Although Article 3(1)3 of the former Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 24, 2017) provides that “any person who causes excessive bodily harm to another person by excessively exposing or exposing his or her body at a place where he or she is likely to cause damage to another person” shall be punished pursuant to Article 3(1)33 of the former Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 24, 2017). However, the Constitutional Court’s decision of unconstitutionality violates the principle of clarity of the principle of statutoryity of the crime (unconstitutionality decision 2016Hun-Ga33, Nov. 24, 2016).

In order to eliminate room for violation of the principle of clarity, the above provision was revised as the current law.

However, the amended provisions of the current law were enforced from October 24, 2017 and were not applied retroactively to the acts before enforcement, and thus, they cannot be applied to this case.

A. In light of the fact that “a person who embarrasses or displeasure other persons by exposing a major part of his body, such as her butt, etc. open to the public place,” was punished, etc., the act of exposing the body was committed.

Even if so, the date and place, the exposure part, the degree of exposure method, the motive of exposure, etc. are specific.