All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The defendant (legal scenario) posted a photograph of a woman's back fat, as recorded in the facts of the crime in the judgment below. However, the photograph posted by the defendant is not obscene, but obscene, even if it constitutes obscene materials, the defendant did not know that it is obscene materials.

B. The lower court’s sentencing (e.g., a fine of KRW 5 million) (e., a fine of KRW 5 million) is deemed unreasonable.

2. Determination

A. Determination as to the Defendant’s grounds for appeal refers to “obscenity” under Article 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. refers to an act contrary to the concept of sexual morality by stimulating ordinary people’s sexual desire, causing sexual humiliation, and impairing normal sexual humiliation. This is not subjective intent of the producer, but the court below’s determination as to the following circumstances based on objective and normative principles as to the existence of personality, which should be respected and protected beyond the degree of simply harming or harming the person’s dignity and value, to such an extent that it can be deemed that the person’s personality was seriously damaged and distorted. In light of social norms, the court below’s determination as to whether expressive materials are obscene or not, should be duly adopted based on such objective and normative principles as the case’s average social norms (see, e.g., Supreme Court Decision 2010Do8168, Jul. 16, 2010). 208).