The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles and improper sentencing)

A. misunderstanding of facts and legal principles, the Defendant did not have any obscene act, and did not have any intention of public performance obscenity.

Since the defendant's act is nothing more than that of other people, it does not constitute obscenity as provided by Article 245 of the Criminal Act.

B. The punishment of the lower court is too heavy.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the term “obscenity act” 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 and impairing normal sexual humiliation, and the act does not necessarily require the expression of sexual conduct or expression of sexual intent (see Supreme Court Decision 2005Do1264, Jan. 13, 2006, etc.). According to evidence duly adopted and investigated by the court below, the fact that the defendant was exposed to sexual organ under the condition that E or other visitors can be seen.

In addition to the circumstances stated by the court below on the grounds of conviction, the defendant did not have any intention to display sexual intent, as alleged by the defendant on domestic affairs.

Even if the defendant's act constitutes an obscene act under Article 245 of the Criminal Code.

Since the defendant seems to have knowingly admitted that other persons could feel sexual humiliation or sexual insult in his or her intercontinental route, he or she could have committed such an act, the intention of public performance obscenity can be sufficiently recognized.

The judgment of the court below is not erroneous in the misapprehension of legal principles as alleged by the defendant.

B. Examining the reasons for sentencing as stated in the lower court’s unfair argument and all other conditions of sentencing indicated in the record, the lower court’s sentence against the Defendant is the court.