A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

A. A male self-help organization that made the Defendant’s appearance of a woman displayed within the store (hereinafter “instant article”) does not constitute obscene materials.

(In fact, mistake or misunderstanding of legal principles).

The punishment of the judgment of the court below by the public prosecutor (the fine of 500,000 won) is too unhued and unreasonable.

2. The court below, ex officio, decided and notified that the defendant made a confession of the facts charged in this case and completed the examination of evidence in accordance with the method prescribed in Article 297-2 of the Criminal Procedure Act, and found the defendant guilty of the facts charged in this case by considering the evidence as admissible pursuant to Article 318-3 of the same Act. According to the records, while the defendant made a statement on the first day of the court below's trial that recognized the facts charged in this case, the defendant did not recognize that the article in this case was displayed in the display stand and did not recognize that it violated the illegality, and made a statement to the effect that it was not an obscene material even at the trial, and considering the purport of the defendant's statement in full view of the purport of the defendant's statement, the court below's order that the defendant tried to be tried as a simplified trial procedure pursuant to Article 286-3 of the same Act on the ground that it cannot be deemed as a case where the defendant made a confession of the whole facts charged in the court. In this regard, the

However, although the judgment of the court below has a ground for ex officio reversal, the defendant's assertion of mistake or misapprehension of legal principles is still subject to adjudication of this court

3. The phrase “obscenity” under Article 243 of the Criminal Act of the judgment on the grounds of appeal by the defendant is an object which may stimulate, stimule, or satisfy the sexual desire, and which would impair the normal sense of sexual humiliation of the general public and goes against the good sexual morality.