The defendant shall be innocent.

1. On September 21, 2017, around 23:00 on September 21, 2017, the Defendant: (a) set off a DNA franchise vehicle in front of the Michuhol-gu Incheon building, which only passed the place; (b) set off a car in front of that building; and (c) made C feel a sense of sexual humiliation by viewing the urine on the part of the vehicle in front of the sexual flag and causing C to feel a sense of sexual humiliation.

2. Determination

A. Article 245 of the relevant legal doctrine provides that “a person who publicly commits an obscene act” shall be punished as a crime of obscene performance.

In this context, the term “obscenity act” refers to an act contrary to the concept of sexual morality by stimulating ordinary people’s sexual desire, causing sexual interest and impairing normal sexual humiliation.

The crime is not a subjective objective of sexual intercourse, satisfaction, etc., but a subjective perception of sexual obscenity is sufficient.

However, Article 3(1)3 of the former Punishment Act (amended by Act No. 14908, Oct. 24, 2017) of the Punishment Act (amended by Act No. 14908, Nov. 24, 2016) provides that “any person who embling another person by excessively exposing his/her body or exposing his/her body open to the public at a public place of view, etc.” under Article 3(1)33 of the former Punishment Act (amended by Act No. 14908, Oct. 24, 2017) provides that “any person who emblings or damages another person by exposing his/her body, such as embalm, etc. at a public place of disclosure, so as to punish “any person who embling another person by exposing or exposing his/her body,” under Article 3(1)33 of the same Act.

in light of the fact that there was an act of personal exposure.

Even if there are specific circumstances, such as the time and place, exposure part, exposure method and degree, motive and circumstance of exposure, etc., it does not merely cause sexual humiliation and harm a normal sense of sexual shame by stimulating ordinary people's sexual desire.