The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although recognizing the fact that the Defendant did an act identical to the facts stated in the lower judgment by misapprehending the legal doctrine, the Defendant did not have any intent to engage in obscene acts under the influence of alcohol, and the lower court neglected this despite the fact that he had a state of mental and physical disorder.

B. The sentence of the lower court (2 million won in punishment, 40 hours in total, 200,000 won in total, and 40 hours in total) against the illegal defendant in sentencing is too unreasonable.

2. Judgment on the grounds for appeal

A. According to the record of the instant assertion of misunderstanding of legal principles, the Defendant appears to have drank alcohol at the time of committing the instant crime.

Accordingly, the defendant argued the same purport in the court below, and the court below held that the defendant was in a mental or physical state or had no intention of obscenity in light of the defendant's act or witness's statement, etc.

It does not seem that

Determination and dismissal of its argument.

Examining this comparison with the records of this case, the judgment of the court below is just.

The "obscenity" under Article 245 of the Criminal Code refers to an act contrary to the concept of sexual morality by stimulating ordinary people's sexual desire and impairing normal sexual humiliation (see Supreme Court Decision 2003Do6514, Mar. 12, 2004). According to the records of this case, it is recognized that the defendant committed an act of unloading booms and clothes from the side of the road on which people walk at low level and drinking sexual organ by hand, and that such an act has been repeated several times whenever women walk. In light of the date, place, exposure, method of exposure, etc., it is reasonable to view that it is an act detrimental to ordinary people's normal sexual humiliation beyond simply an act of causing other people to feel sexual humiliation or disrest.

In addition, "public performance" in the crime of obscenity means that many and unspecified persons can know.