The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below found the Defendant not guilty of the charges on the part of obscenity, even though it constitutes obscene materials, by misapprehending the legal principles as to whether obscene materials are obscene materials.

2. The judgment of the court below

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 Decided May 16, 2003, and Supreme Court Decision 2000Do3346 Decided October 13, 200). In determining whether a expressive material is obscene, the overall observation and evaluation of the expressive material is merely indecent.

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).

In the instant case, according to the evidence duly adopted and examined by this Court, the adult products of this case are materials of the woman’s sexual flag, her butt, and her part of the port, with a sense similar to that of the human body, or with a sense similar to that of the human body, but there is no expression of conspiracy, and there is no separate color.