The defendant shall be innocent.

1. No person charged is allowed to distribute, sell, lease, or openly exhibit any obscene codes, language, sound, image, or motion picture via an information and communications network;

Nevertheless, on July 22, 2016, the Defendant posted a obscene cartoon (one name: the network) in which male and female sexual intercourses are inserted under the title D with the indication of sampling in the Internet shopping mall site (C) published by the Defendant and distributed it to an unspecified number of people in a way that many and unspecified people can be seen.

2. 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, and to impair the normal sense of sexual morality. However, the discussion on obscenity is directly connected with the concept of sexual morality, ethics, and cultural sentiment of the society that has been naturally formed and developed, and is closely related to the individual’s right to pursue 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 private sector of an 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 necessity of our society’s regulation on obscenity in today’s society respecting the realization of the individual’s diverse personality and creative value should be focused on the protection of minors beyond the freedom of sexual morality or sexual ethics.