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The prosecutor's appeal is dismissed.
Reasons
1. Although the Defendant had a mental illness at the time of the instant case, the Defendant was aware that the Defendant was obscenity in front of the convenience store that he works and was exposed with the recognition that he was obscenity, even though he had been suffering from mental illness until the day of the instant case, and that the Defendant was obscenity with a view to gaining sexual humiliation by witnessing it by many persons, such as the reporter, etc.
Although it is recognized, it does not constitute a obscene act contrary to the concept of sexual morality by stimulating the sexual desire of ordinary people, causing sexual interest, impairing sexual humiliation, and impairing sexual humiliation.
The lower court found the Defendant not guilty on the ground that it erred by mistake of facts.
2. Determination:
A. Article 1 Subparag. 33 of the former Punishment of Minor Offenses (amended by Act No. 14908, Oct. 24, 2017) of the Punishment Act (amended by Act No. 14908, Oct. 24, 2017) punished “a person who embarrasses or discomforts other people by excessively exposing the body of other people or exposing the body of the body of other people at an open place, or by exposing the body of the body of other people at an excessively open place.” The aforementioned provision was amended to “a person who embarrass or damages other people by openly exposing the body of the body of other people by exposing it, such as embarrasing the body of other people.”
B. The crime of obscenity in a performance does not require a subjective sexual objective, such as the interest and satisfaction of sexual humiliation, and it is sufficient to recognize the meaning of obscenity of that act, but considering that the Punishment of Minor Offenses Act regulates mere bodily exposure, there was a physical exposure.
Even in light of the specific circumstances, such as the date and time, place, part of exposure, method and degree of exposure, motive and circumstance of exposure, etc., it does not merely cause sexual humiliation and harm a normal sense of sexual shame by stimulating ordinary people’s sexual desire.