The defendant shall be innocent.

1. Summary of the facts charged

A. On March 22, 2017, the Defendant: (a) at around 23:00 on March 22, 2017, at the right panty panty in Suwon-si, Suwon-si, the Defendant openly committed an obscene act in a way that the victim E (hereinafter referred to as “the age of 20”) prevents the victim from fronting; (b) the victim changed the direction of the damage; and (c) the victim changed the direction of the damage; and (d) the victim walked from the side of the victim.

나. 피고인은 2017. 3. 27. 23:40 경 수원시 장안구 F 건물 후문' 앞 길에서 피해자 G( 여, 23세) 이 걸어가는 것을 보고 입고 있던 바지를 벗어 삼각 팬티와 살색 스타킹을 입은 채로 피해자를 빤히 쳐다보며 다가가 공연히 음란한 행위를 하였다.

2. Determination

A. The “obscenity act” under Article 245 of the Criminal Act refers to an act contrary to the concept of sexual morality by inducing sexual interest and impairing normal sexual humiliation by stimulating the sexual desire of the general public. The act of exposing the body was committed.

In light of the specific circumstances, such as the date and time and place of exposure, exposure part, exposure method and degree, motive and circumstance of exposure, in a case where it is acknowledged that it was excessive to the extent that it would cause sexual interest and cause a sense of sexual humiliation to others merely rather than harm a normal sense of sexual shame, such act does not constitute obscenity (see Supreme Court Decision 2003Do6514, Mar. 12, 2004). (b) In light of the foregoing legal principles, the Defendant wears the Defendant on March 22, 2017, and walked at the speed above the Defendant, who was under the influence of the Defendant’s panty only, or sleeped while coming back on the side, while wearing the Defendant on March 27, 2017.