The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles, and improper sentencing) did not constitute obscene acts, and even if the video of this case does not constitute obscene materials, the court below erred by misapprehending the facts and misapprehending the legal principles, thereby finding otherwise.

The sentence of the court below is too heavy.

2. Determination

A. The summary of the facts charged in the instant case is the BJ key of the clinic of “E” at the Internet broadcasting website D (video jackets).

No one shall distribute, sell, lease, or openly display obscene codes, sound, images, or motion pictures to the public.

Nevertheless, on February 4, 2015, the Defendant joined the D website as “E” and registered as BJ on April 25, 2016, and displayed and distributed obscene videos using an obscene information and communications network at least nine times in total by means of entry in the list of crimes in the attached Form No. 2016, on April 25, 2016, on the one hand, at his/her own residence located in Pyeongtaek-siF, he/she received a set of pan club members and received a set of money from members of the pan club in his/her own residence, and made it possible for members of the pan club to view the pan club in real time.

B. The lower court found the Defendant guilty of the instant facts charged on the ground that the instant video constituted obscene materials.

(c)

1) It is not desirable that the relevant legal principles are involved without permission in moral or ethical issues, and in particular, to intervene in an in-depth sexual issue belonging to an individual’s private life should be limited to the minimum necessary scope so that the individual’s right to sexual self-determination or right to pursue happiness is not unfairly restricted, and the need to regulate obscene materials in today’s society that respects the realization of an individual’s diverse personality and creative value goes beyond the protection of sexual ethics and sexual morality.