The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant, around December 3, 2017, up to 15:20 on December 3, 2017, up to the C convenience store entrance door in Gangdong-gu Seoul Metropolitan Government, the Defendant, as well as the Defendant, set up a sporaf, even though there were many and unspecified persons, toward the stairs going up with the convenience store

If we look at the scams of the scams, we have committed an act of scambling the sexual organ.

Accordingly, the Defendant publicly committed an obscene act.

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

In this context, 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, in light of Article 3(1)3 of the Punishment of Minor Offenses Act (see Constitutional Court Decision 2016Hun-Ga3, Nov. 24, 2016) Article 3(1)33 of the Punishment of Minor Offenses Act (amended by Constitutional Court Decision 2016Hun-Ga3, Nov. 24, 2016) provides that a person who embarrasses or disturbs another person by excessively exposing his or her body’s eye at a place where he or she can see it, shall be punished.

Even in cases where it is deemed that it does not merely cause sexual humiliation and harm a normal sense of sexual shame by stimulating ordinary people's sexual desire, in light of the specific circumstances, such as the time and place, the part of exposure, the method and degree of exposure, and the motive and circumstance of exposure, but rather, it is deemed that such act constitutes an act under Article 245 of the Criminal Act (see Supreme Court Decision 2003Do6514, Mar. 12, 2004) and does not constitute an obscene act under Article 3 (1) 33 of the Punishment of Minor Offenses Act (see Supreme Court Decision 2003Do6514, Mar. 12, 2004).