정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
The judgment of the court below is reversed.
The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
1. The summary of the grounds for appeal is that a notice posted by the Defendant on his/her tables cannot be deemed as obscene materials even if it complies with the standards of the recent Supreme Court precedents, and it cannot be deemed that the already disclosed images were displayed on the tables in a short period of time, and it cannot be readily concluded that there was a criminal intent of spreading obscene materials. Since a legal professor and the Korea Communications Standards Commission Review Committee expressed an expression of intent for public debate in the position and qualification of a member of the Committee, it constitutes a justifiable act, the judgment below convicting the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination:
A. From May 201, the Defendant, from around July 201, was working as a review member of the Korea Communications Standards Commission, around July 20, 201, posted the Defendant’s house No. 103 of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, as the title “G” in the Defendant’s Internet Blog, “F” on July 12, 201, and openly displayed obscene images or videos via an information and communications network by posting the Defendant’s Internet Blogic photo, etc. (hereinafter “instant bulletin”).
B. The lower court found the Defendant guilty of the instant facts charged on the following grounds.
1. The sexual intercourse between men and women is generally accepted as the primary sexual symbol, which clearly indicates the difference of gender, and is most likely to cause a sense of sexual shame or sexual interest if exposed. The notice in this case emphasizes only the sexual organ of the man, which is generated, and the pictures depictly recorded in a timely fashion are posted in the last part of the main body. Among them, the sexual entertainment status is expressed or disclosed at a public place.