The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal falls under the case’s sexual intercourse with male-maid women in crisis where the defendant was kept for sale for the purpose of sale (hereinafter “instant adult product”), and thus, the court below erred by misapprehending the legal principles, which acquitted the Defendant.

2. The term “obscenity” means obscene materials which may stimulate, stimule or satisfy sexual desire, and which would impair the normal sense of sexual shame of the general public and be contrary to the good sexual intent, and the determination of which constitutes obscene materials must be objectively made with respect to the material itself regardless of the offender’s subjective intent, distribution, display, etc.

(See Supreme Court Decision 2003Do988 delivered on May 16, 2003). In determining whether a expressive material is obscene, it is indecent when comprehensively observing and evaluating the expressive material.

In such a way that it may be deemed that the human dignity and value of a person who has the character to be respected and protected beyond the degree of harming or disrupting, has seriously undermined or distorted, whether the expression or expression of sexual prejudice or behavior has been made in an explicit manner or not, not a subjective intent of the producer, but an objective and normative evaluation in accordance with the sound social norms of the society’s average person should be made from the standpoint of the society’s average person, not from the producer’s subjective intent.

(See Supreme Court Decision 2006Do3558 Decided March 13, 2008, etc.). However, according to each evidence duly adopted and investigated by the court below, the adult product of this case is a material of a live container with a sensium similar to the part of a woman's sexual flag, port, or her but the material of a live container with a sensium similar to the part of the woman's sexual flag, lives, and color as the material of a live container. However, the inside structure, name, and hives of the sexual flag or port are not de facto describing, but is not separately black on the part of the lives or conspiracy. Thus, women's sexual flag is not a live part.