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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (based on factual errors, misunderstanding of legal principles) the Defendant’s act of not exposing the bridge by lying the bridge on the bench and exposing her sexual organ, as described in each of the facts charged of this case, constitutes obscene acts under Article 245 of the Criminal Act, but the lower court acquitted each of the facts charged of this case on the charge of obscenity, which erred by misapprehending the legal principles, or by misapprehending the legal principles
2. Determination
A. At around 21:30 on July 20, 2017, the Defendant openly committed an obscene act, such as putting his clothes out of his clothes at a place where many people pass along, such as the front B, etc. of the Busan Shodong-gu. (2) On July 16, 2017, the Defendant, around 10:50, committed an obscene act, such as going through the Defendant, by openly putting the Defendant out of 30 meters from the front of the E parking lot located in the Busan Shodong-gu, Busan, and from the front of the G company, around 10:50 on July 16, 2017.
B. The lower court determined that: (a) the Defendant was exposed to her m and her but the Defendant explicitly regulated “the act of openly exposing the body part of the body, such as her m and her m and her m and so on at an open place” under Article 3(1)33 of the Punishment of Minor Offenses Act; (b) the exposure itself cannot be deemed as an obscene act merely by itself; (c) the Defendant does not appear to have acted in a way that is capable of expressing or indirectly her sexual act, other than exposing his m and her m and m and her m and m and, (d) the Defendant did not have committed any act to attract others or attract them; and (b) there are no circumstances in which the Defendant committed any act to attract others.
The time and place stated in the facts charged in the 1st of the charges are as follows: (a) the defendant suffers from mental illness such as alcohol, and (b) the defendant suffers from mental illness such as alcohol, at night.