The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal is that the Defendant reported the chest photographs produced by D only as the subject of sexual interest, and publicly posted them. The above photographs are expressions, entirely or mainly, appealed only to sexual interest, and they constitute obscene materials because no such literary, artistic, ideological and scientific educational value is available, and thus, acquitted the Defendant of the facts charged in the instant case. In so determining, the lower court erred by misapprehending the legal doctrine, or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination

가. 원심의 판단 원심은, 이 사건 사진은 상반신에 아무런 옷을 걸치지 않은 채 오른 손가락으로 젖꼭지 부분만을 가리고 있는 여성의 상반신 우측면이 촬영된 것으로 얼굴 등 그 대상자를 확인할 수 있는 모습은 담겨 져 있지 않는 점에 비추어 형사법상 규제의 대상으로 삼을 만큼 사람의 존엄성과 가치를 심각하게 훼손 왜곡하였다고

The lower court acquitted the Defendant of the instant facts charged on the ground that it cannot be seen as obscene images because it is difficult to see sexual humiliations or acts in an explicit manner with an explicit expression or expression, to the extent that it can be assessed.

B. In light of the evidence duly adopted and examined by the lower court, the lower court’s determination is just and acceptable, and there is no error of misunderstanding of facts or of misapprehending of legal principles as otherwise alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.