The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds of appeal reveals that the Defendant’s sexual propagation was true, but the instant images cannot be deemed as images that undermine human dignity and value. Thus, the court below erred by misapprehending the legal principles and misapprehending the legal principles, although it was found otherwise guilty of the facts charged.

The sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. On May 25, 2015, the Defendant: (a) registered as a member of the E-site “F” and registered as a member of the E-site at the domicile located in Seocho-gu Seoul, Seocho-gu, Seoul; (b) was paid a set of money from approximately 1,100 members of the pande club until June 2016; (c) committed the act of spandeing with fingers, etc.; and (d) displayed and distributed obscene videos through an information and communications network through which members of the pande clubs are allowed to view obscene videos on a real-time basis, such as using the information and communications network through which the members of the pande clubs are able to view by real-time.

B. The lower court found the Defendant guilty of the instant facts charged on the ground that the instant video constituted obscene materials.

(c)

1) In light of the fact that it is not desirable that criminal law without permission to engage in a moral or ethical issue, and in particular, intervention in a confidential sexual issue belonging to an individual’s private life should not be unduly restricted by the individual’s right to sexual self-determination or right to pursue happiness by restricting it to the minimum necessary extent, and that today’s need to regulate obscene materials in our society that respects the realization of a variety of characters and creative values of individuals, the need to regulate obscene materials in our society, beyond the aspect of protecting the sexual ethics and sexual morality of society, should consider more the aspect of freedom that is not abutting on obscene materials that do not want to protect minors or adults. In light of this, Article 65(1) of the former Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.