The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal falls under the case’s self-help crisis and female sexual intercourse with the defendant’s display of the defendant (hereinafter “instant adult product”), and thus, the court below erred by misapprehending the legal principles, which acquitted the defendant.

2. Determination

A. The term “obscenity materials” means materials which stimulate, stimule, or satisfy sexual desire and which harm the ordinary public’s normal sense of sexual humiliation and are contrary to the good sexual intent. Whether certain materials are obscene should be objectively determined as to the material itself regardless of the offender’s subjective intent, distribution, display, etc.

(See Supreme Court Decision 2003Do988 delivered on May 16, 2003). In determining whether a expressive material is obscene, it is indecent when comprehensively observing and evaluating the expressive material.

In such a way that it may be deemed that the human dignity and value of a person who has the character to be respected and protected beyond the degree of harming or disrupting, has seriously undermined or distorted, whether the expression or expression of sexual prejudice or behavior has been made in an explicit manner or not, not a subjective intent of the producer, but an objective and normative evaluation in accordance with the sound social norms of the society’s average person should be made from the standpoint of the society’s average person, not from the producer’s subjective intent.

B. (See, e.g., Supreme Court Decision 2006Do3558, Mar. 13, 2008).

Inasmuch as a male self-help organization, such as the instant adult goods, has its essential function and purpose in sexual interest or satisfaction of a man who uses it, it cannot be readily concluded that the organization’s reproduction of a woman’s national father for such function and purpose cannot be concluded as obscene goods, and whether the organization constitutes obscene goods shall be objectively determined on the basis of such goods regardless of the place of display, as seen earlier.