The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. Defendant (guilty in the judgment of the court below)’s punishment (a fine of three million won) is too unreasonable.

B. According to the evidence submitted by the prosecutor (not guilty portion in the original judgment), the defendant can be found to have openly exposed sexual organ as stated in this part of the facts charged and openly engaged in obscene acts.

2. The prosecutor of the amendment of indictment (in addition to the facts charged in the preliminary charge) maintains the facts charged of the public performance and the facts charged as the primary charges and maintains the name of the crime in the preliminary charge, the violation of the Punishment of Minor Offenses Act, Article 3(1)33 of the Punishment of Minor Offenses Act, and Article 4 of the facts charged as follows.

An application for amendment to a bill of amendment added to the same contents as the statement in the paragraph was filed, and this court permitted it and added the object of the judgment.

Therefore, I will examine the reasons for appeal by the prosecutor concerning the primary facts charged and the ancillary facts added in the trial.

3. The lower court determined as to the prosecutor’s argument on the primary facts charged, on the ground that the possibility that the Defendant was aware of the Defendant as the offender or was sexually discovered because the Defendant did not wear clothes and did not put him/her away from a view of not regarding the offender’s face at the time of the occurrence of the instant case, comprehensively taking account of the circumstance in which the Defendant was identified as the offender and the details of I’s statement, etc., the lower court determined that the evidence submitted by the prosecutor alone cannot be deemed to have been proven beyond a reasonable doubt, and found the Defendant not guilty of the primary facts charged.

In light of the following circumstances, the lower court’s findings of fact and determination are justifiable, and the prosecutor’s assertion is without merit.

The defendant is written in the facts charged from the investigative agency to the court of competent trial.