The defendant shall be innocent.

1. On April 7, 2016, the Defendant, at the Defendant’s residence of Seocho-gu Seoul Metropolitan Government Seocho-gu apartment building C, 319 Dong 1102, a cartoon of the title “D” indicating the face of a man’s main man who is quickly folded with another male’s main man’s sexual flag, and posted it on the Internet E-mail (E).

Accordingly, the Defendant displayed obscene language or images openly using information and communications networks.

2. Determination

A. The term “obscenity” under Article 74(1) of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. means to stimulate an ordinary person’s sexual desire in light of social norms to cause sexual interest and to cause a normal sense of sexual shame, thereby impairing the normal sense of sexual humiliation. However, discussions on obscenity are directly connected with the concept of sexual morality, ethics, and cultural sentiment of society which has been naturally formed and developed, and is closely related to the individual’s right to pursue individual’s privacy and happiness, freedom of expression, and diversity, and it is not desirable that criminal law is not desirable to arbitrarily participate in the issue of morality or ethics, and in particular, intervention in the sexual issue belonging to the area of individual’s private life should be limited to the minimum necessary scope so that the individual’s right to self-determination or right to pursue happiness is not unfairly restricted, and the need to regulate obscenity in today’s society that respects the realization of an individual’s diverse personality and creative value should be more focused on the protection of minors or the protection of obscenity beyond the freedom of sexual morality.