The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal did not commit any obscene act as stated in the facts constituting the crime in the judgment below, and the video of this case does not constitute obscene materials.

Nevertheless, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

Even if the defendant is found guilty, the punishment (2 million won) imposed by the court below is too unreasonable.

In addition, without changing the indictment, the court below corrected ex officio to the effect that the part of the charges against the defendant that the defendant inserted his/her fingers into a negative book by his/her fingers, which led to a disadvantage to the defendant's exercise of his/her right of defense.

2. Determination as to the assertion regarding the obscenity of the video of this case

A. A summary of the facts charged shall not distribute, sell, rent, or openly display obscene codes, text, sound, images, or motion pictures to the public;

On July 15, 2015, the Defendant distributed and displayed obscene videos via an information and communications network by posting them in D so that members of the pan clubs can view real-time by real-time, in the Defendant’s dwelling place located in the building C, the Internet broadcasting site as “E”, and then registered as “E” on May 14, 2016.

B. “obscenity” under Article 44-7(1)1 of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. of Information and Communications Network Utilization and Information Protection, Etc. refers to the following acts: (a) stimulates an ordinary person’s sexual desire by stimulatinging the ordinary person’s sexual desire in light of social norms, thereby impairing the normal sense of sexual humiliation; and (b) is contrary to the concept of sexual morality; and (c) the overall observation and evaluation of expressive materials are merely indecent or disturbed.