The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (the factual error and misapprehension of legal principles, and unreasonable sentencing)

A. misunderstanding of facts and misunderstanding of legal principles have not been likely to witness the Defendant’s obscenity to many unspecified people who travel along the paths except the victims who were close to the vehicle and considered to have been inside the vehicle, after asking the victims about the way when the vehicle was seated on the driver’s seat.

Nevertheless, the lower court determined that the Defendant’s obscene act was a obscenity because it was in a situation where many and unspecified persons could be directly aware of it.

B. The sentence imposed by the lower court on the Defendant (limited to four months of imprisonment, two years of suspended execution, and 80 hours of sexual assault treatment lectures) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, "patent" under Article 245 of the Criminal Act means that the state in which many and unspecified persons can be directly aware of it, even if many and unspecified persons have not actually recognized it (see, e.g., Supreme Court Decisions 2000Do4372, Dec. 22, 2000; 2003Do2911, Jul. 22, 2005). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the place in which each of the crimes of this case was committed by the defendant, i.e., the front way of the school where many and unspecified persons come to walk, and ② the defendant committed the crime of this case while parked at the edge of the road adjoining to the vehicle by walking along the vehicle, other persons walking along the vehicle other than the victims induced by the defendant, even if they opened a favorable window or the defendant's window and opened it to be seen as a witness.