The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual errors, misunderstanding of legal principles) is that a woman’s maternity flag displayed by the Defendant (hereinafter “the instant product”) describing a woman’s appearance, and considering the product’s use of pictures and advertising phrases, etc. on the packaging together with the product itself, if such pictures and advertising phrases, etc. on the packaging are considered, they constitute obscene goods, which would impair ordinary people’s normal sense of sexual humiliation and violate good sexual morality, and thus, constitutes obscene goods. However, the lower court acquitted the Defendant of the instant charge. In so determining, the lower court erred by misapprehending the legal doctrine on the

2. Determination:

A. The term “obscenity” as defined in Article 243 of the Criminal 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.

Therefore, in order to evaluate a certain object as obscenity, the overall observation and evaluation of the object is merely indecent.

In addition to the degree of harming or disrupting a person’s dignity and value, it should be clearly expressed or expressed in an explicit manner so as to have seriously damaged or distorted the human dignity and value. In determining whether a person is obscene, an objective and normative evaluation should be made from the perspective of the average person of the society, not from the actor’s subjective intent, etc., but from the perspective of the average person of the society in accordance with the sound social norms.

B. (See, e.g., Supreme Court Decision 2006Do3558, Mar. 13, 2008).

The lower court, inasmuch as the instant article has reproduced the sound of women into the original form with the material of solid containers, coloring the sound and conspiracy parts in its form and color separate from the primary color.

The sound appearance of a woman is not clearly expressed, but it is not a sacratic expression that is close to the actual situation, such as duplicating the sound appearance.