The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor in the summary of the grounds for appeal, two points of male self-help organizations in the shape of a female sexual flag on which the defendant displayed or stored (which was manufactured in a size similar to the actual size of women’s parts and the appearance from women’s chests to bucks, and which was produced in a size of about 15 cm from women’s chests to bucks) constitute obscene materials on the ground that all of them describe sexual parts in a duplicative manner and do not carry any literary, artistic, or scientific value, etc., so that they could have seriously damaged human dignity and value.

Therefore, the judgment of the court below which acquitted the defendant on the ground that the male self-help organizations displayed and stored by the defendant did not constitute obscene materials is erroneous in misconception of facts and misapprehension of legal principles.

In addition, the court below did not make any judgment on the self-deficial crisis including a description of part of the women's business reputation, and the judgment of the court below is illegal.

2. Determination

A. On November 7, 2013, the Defendant: (a) displayed and stored two male-made women boomers, which are obscene materials in the display stand at the adult product shop located in Sungnam-si, Manam-si; (b) around November 2013, 2013, for the purpose of selling them.

B. The lower court’s judgment refers to obscene materials that stimulate, stimule, or satisfy sexual desire and that may impair the normal sense of sexual shame of the general public and that goes against the good sexual intent, and whether they constitute obscene materials ought to be objectively determined as to such materials themselves, regardless of the circumstances in which the actor’s subjective intent, distribution, display, etc. was committed.

(See Supreme Court Decision 2003Do988 Decided May 16, 2003, and Supreme Court Decision 2000Do3346 Decided October 13, 200). In addition, in determining whether a expressive material is obscene, when considering the overall observation and evaluation of the expressive material.