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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal falls under the case’s self-help crisis and female sexual intercourse with the defendant’s display of the defendant (hereinafter “instant adult product”), and thus, the court below erred by misapprehending the legal principles, which acquitted the defendant.
2. Examining the reasoning of the lower judgment’s acquittal in light of the record and closely, the lower court’s determination that “the instant adult product” does not constitute an obscene material in contravention of the ordinary people’s normal sexual humiliation and good sexual morality, is justifiable, and the lower court did not err by misapprehending the legal doctrine on obscene material, as alleged by the prosecutor, in so determining, inasmuch as it is difficult to see that the instant adult product is sexually expressed or expressed in a dunes manner so as to have seriously impaired human dignity and value.
3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.