The prosecutor's appeal is dismissed.

1. The prosecutor of the grounds of appeal asserts that, in full view of the evidence submitted by the prosecutor, the court below erred by misapprehending facts or by misapprehending the legal principles, which affected the conclusion of the judgment, although it is sufficiently recognized that each photograph posted by the defendant on the Internet car page constitutes “obscenity video” 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”).

2. Determination

A. On July 8, 2013, the instant facts charged [2013 Highest 3950] around 01:00, the Defendant, while having sexual intercourse with C (n, 33 years old) at the subway station located in Dobong-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, taking pictures of sexual intercourse with the Defendant’s smartphone using a camera located in the Defendant’s smartphone. On July 8, 2013, around 01:18, the Defendant posted the above pictures on the Internet NAV on the bulletin board “E”.

As above, the Defendant openly displayed obscene images via an information and communications network.

[2014 Highest 117] On May 13, 2013, the Defendant posted on the Internet NABC F bulletin a photograph of the body-to-be photograph taken by the Defendant before having a sexual intercourse with a person who was aware of his/her name in the club, i.e., he/she had a sexual intercourse with a person who was aware of his/her name in the club, i.e., he/she had a sexual intercourse.

As above, the Defendant openly displayed obscene images via an information and communications network.

B. According to the records, the lower court’s judgment: (a) written statement on July 8, 2013, stating that the Defendant “E had a sexual intercourse with a woman with a 5-year scam in a fat club” on the Internet NAVC bulletin board; and (b) posted a photograph containing a face-to-face of the Defendant at the right right below the Defendant, in which the Defendant was able to have a scam in a scam and scam from a scam; and (c) the Defendant expressed a photograph containing a face-to-face scam in the right direction below the Defendant’s scam.