The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below erred in the misapprehension of legal principles as follows, which found the fact that the defendant had exposed to sexual organ, but convicted him of the charge of obscenity in the performance.

Defendant’s act cannot be evaluated as “obscenity act” in the crime of obscenity under the Criminal Act.

At the time, the Defendant had no intention to engage in obscene performance, and was in a state of mental disorder.

In a case where a defendant was prosecuted on the ground that he committed an original act of self-defense, and was acquitted on his act of self-defense, he shall also be acquitted on the crime of obscenity in the performance as indicated in the judgment below

B. The sentencing of the lower court, which sentenced a fine of KRW 1,50,000 to the Defendant, is too unreasonable even though the prosecutor claimed a summary order of KRW 1,00,000 for the punishment.

2. Judgment on the grounds for appeal

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of misunderstanding of facts and legal doctrine, the Defendant’s misunderstanding of facts and misapprehension of legal doctrine are without merit.

First, I think that the act was not obscene.

The Defendant asserted to the same purport in the lower court. Accordingly, the lower court acknowledged the fact that “CCTV images did not only take action to see the urine in the street at the time, but also carried out on the street for a considerable period of time until the police restrains the Defendant from her sexual organ, and attached it to the hand to her sexual organ and caused the victim D, etc. by exposing his sexual organ.

The Defendant’s act can be evaluated as an obscene act as defined in the crime of obscenity of public performance.

As seen above, I rejected Defendant’s assertion.

Article 245 of the Criminal Code 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.