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The prosecutor's appeal is dismissed.
Reasons
1. The Defendant had committed an obscene act by committing self-defense in the vicinity of the D High School.
2. Summary of the facts charged
A. On March 2016, the Defendant publicly committed an obscene act, such as unloading a bomer, booming a sexual organ and scambling it with hand, while viewing female students of the said school on the alley of the post-high school located in Songpa-gu Seoul, Songpa-gu Seoul.
B. On August 2016, the Defendant openly committed an obscene act, such as unloading a brub in the middle direction of D High School, and scambling a sexual organ in his hand, while viewing female students of the above school, by using the brush in the alley direction of D High School.
(c)
On August 2016, the Defendant openly committed an obscene act, such as unloading a bruth from the place where the said female students entered, while viewing that female students were in the middle direction of D High School, and committing a self-defense by scambling sexual organ in his/her hand.
(d)
On November 25, 2016, at around 17:00, the Defendant publicly committed an obscene act, such as unloading a bucker and scambling sexual organ with the Defendant, while viewing female students of D high schools on the Flaundry Building in Songpa-gu Seoul, Songpa-gu.
E. On November 30, 2016, at around 13:20, the Defendant publicly committed an obscene act, such as unloading a bucker that the Defendant was suffering, scambling the sexual organ with his hand, and scambling it on the alleyway of D High School.
3. The lower court determined that the part of the G’s statement that the Defendant’s act of self-defense was nothing more than the professional statement and cannot be used as evidence, and the part of G’s statement that the Defendant reported to the students, and the Defendant’s photograph that the Defendant passed several times near the school, which corresponds to the fact that the Defendant passed several times, is in the vicinity of the school.