The defendant shall be innocent.

1. On July 31, 2017, the Defendant: (a) around 16:05 on July 31, 2017, up to the Seoul Eunpyeong-gu Seoul Metropolitan Building D’s parking lot, the Defendant publicly made obscene acts, such as exposing the string of a tension head, string of a civilian retail, string of a string, and stringing the string, and exposing the string, and exposing the string to the string E by exposing the string and string of the string.

2. Determination

A. The term “obscenity” in the crime of obscenity under Article 245 of the Criminal Act refers to an act contrary to the concept of sexual morality by stimulating ordinary people’s sexual desire to feel sexual humiliation and impairing normal sexual humiliation.

Although Article 3(1)3 of the former Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 24, 2017) provides that “any person who causes excessive bodily harm to another person by excessively exposing or exposing his or her body at a place where he or she is likely to cause damage to another person” shall be punished pursuant to Article 3(1)33 of the former Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 24, 2017). However, the Constitutional Court’s decision of unconstitutionality violates the principle of clarity of the principle of statutoryity of the crime (unconstitutionality decision 2016Hun-Ga33, Nov. 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. In light of the fact that “a person who embarrasses or displeasure other persons by exposing a major part of his body, such as her butt, etc. open to the public place,” was punished, etc., the act of exposing the body was committed.

The date, time, place, exposure.