The judgment below

All of the non-guilty parts are reversed, and this part of the case is remanded to Busan District Court Panel Division.

The grounds of appeal are examined.

1. The summary of the facts charged as to the acquittal portion of the lower judgment shall not be distributed through an information and communications network.

Defendant

From June 27, 2013 to March 31, 2014, A, B, and C conspired and sent 31,342 text messages (hereinafter “instant text messages”) to an unspecified number of mobile phones collected in advance using the website of mass text messages at D offices Co., Ltd., with the same text as indicated in the judgment of the lower court.

Defendant

D Co., Ltd., at the above date and at the same place, violated A, its representative, through the information and communications network, the distribution of obscene language and text regarding the Defendant’s business.

2. Determination

A. The term “obscenity” under Article 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) means any act contrary to the concept of sexual morality by stimulating ordinary people’s sexual desire, thereby inducing sexual interest and impairing normal sexual humiliation.

This is indecent when comprehensively observing and evaluating the representations.

The phrase “sexual prejudice or behavior” refers to an expression or expression, entirely or in a dominant manner, of sexual prejudice or behavior, solely or in light of social norms, is not having literary, artistic, ideological, medical, or educational value, solely or mainly appealing for sexual interest in light of social norms, to the extent that it may be deemed that the human dignity and value of a person who has the personality to be respected and protected is seriously damaged or distorted.

In judging the obscenity of representations, it is not a subjective intention of the producer, but an objective and normative evaluation in accordance with the sound social norms of the society.