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

1. Facts constituting the offense charged [2017 Highest 1354]

A. On July 20, 2017, around 21:30, the Defendant openly committed an obscene act, such as having all clothes off at a place where many people pass, such as Busan Ga, B, etc.

[2017 Highest 1860]

B. On July 16, 2017, around 10:50 on July 16, 2017, the Defendant laid off the E parking lot located in Busan L from around 30 meters to around 10:0,000 to about 30 meters from the Busan Sho-gu F and G company and Ha, and opened a public obscenity.

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.

(a) “Public....”