The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On May 22, 2017, the Defendant, at around 10:50 to 11:10, reported by the victim E and a large number of unspecified persons at the sand president of D in the districts of Busan, Seo-gu, Busan, about about 20 minutes of the charge, such as knee and knee, and kneing down the kne and kne, and openly obscene acts.

2. Determination

A. Article 245 of the relevant legal doctrine 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, Article 3(1)3 of the Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 24, 2017) Article 3(1)3 of the former Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 24, 2017) provides that “a person who embarrasses or damages another person by excessively exposing or exposing his or her body in a public place where many people’s snows might be hidden” shall be punished, but the Constitutional Court’s decision of unconstitutionality that violates the principle of clarity of statutoryism (Supreme Court Decision 2016Hun-Ga3, Nov. 24, 2016) was retroactively invalidated pursuant to Article 3(1)33 of the former Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 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.

In light of the fact that “a person who embarrasses or displeasure other people by exposing a major part of his or her body, including but not limited to his or her sex, at an open place, is punished.”