The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. A male self-help organization that made the Defendant’s appearance of a woman displayed within the store (hereinafter “instant article”) does not constitute obscene materials.

(In fact, mistake or misunderstanding of legal principles).

Punishments (fines 500,000) declared by the court below by the public prosecutor shall be too unhued and unfair.

2. The court below held ex officio the defendant guilty of the facts charged in this case by taking into account the facts charged in this case, and notified that the defendant should be tried through a simplified trial procedure, and the investigation of evidence is completed in accordance with the method prescribed in Article 297-2 of the Criminal Procedure Act. After examining the evidence in accordance with Article 318-3 of the same Act, the evidence presented by the court below

However, according to the records, while the defendant stated on the first day of the court below's trial that he did not recognize the facts charged of this case as obscene materials, he stated to the effect that the goods of this case were displayed in the display stand and did not recognize that they were in conflict with illegality, and that the goods of this case were not obscene materials even when they came to the trial. In light of the defendant's purpose of statement, it cannot be deemed that the defendant made a confession in whole in the court room

Therefore, the judgment of the court below that decided to proceed with a summary trial procedure pursuant to Article 286-3 of the Criminal Procedure Act before remanding the case has been revoked and the examination of evidence has been conducted again. In this respect, the judgment of the court below cannot escape from reversal.

However, the judgment of the court below is judged as follows, since the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of the court.

3. The phrase “obscenity” stipulated in Article 243 of the Criminal Act, which determines the Defendant’s assertion, refers to sexual interest by stimulating ordinary people’s sexual desire.