The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not commit an obscene act against the victim as stated in the facts charged.

B. The punishment sentenced by the lower court (2 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unreasonable.

2. On November 23, 2018, the Defendant, ex officio, submitted a statement explaining the reasons for appeal, and “ even if the Defendant had shown the sex of the victim, such as the facts charged,”

Even if it was done at a place where people are not present, this meets the requirements of performance under Article 245 of the Criminal Code.

It argues that it cannot be said that the prosecutor's obscenity is insufficient to prove the prosecutor's obscenity, and that it constitutes a violation of the Punishment of Minor Offenses Act, and it cannot be deemed as a obscenity act under Article 245 of the Criminal Code.

However, this cannot be viewed as a legitimate ground for appeal due to the presentation period for the reasons for appeal and the subsequent argument (see Supreme Court Decision 98Do1234 delivered on September 22, 1998, etc.). Even if ex officio is examined, the above argument by the defendant for the following reasons is without merit.

In the crime of obscenity under Article 245 of the Criminal Act, the term "obscenity" means an act contrary to the concept of sexual morality by inducing sexual humiliation and causing normal sexual humiliation by stimulating ordinary people's sexual desire.

Article 3(1)3 of the former Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 24, 2017); Article 3(1)3 of the former Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 24, 2017) provides that the crime shall be punished “a person who embarrasses or disturbs another person by excessively exposing or exposing his or her personal body at a place where one might open to the public in the eye of many people,” but it is against the principle of clarity of the principle of statutory punishment.