The meaning of obscene material, whether it constitutes a female self-defense organization or protruding Con, and whether it constitutes obscene material (negative)

The obscene material refers to a material that stimulates, plays, or satisfies a sexual desire, and that is contrary to the concept of good sexual morality and that harms the normal sense of sexual shame of the general public. Thus, in the case of women's self-concept or protruding-con, even if the material itself is exempted from giving a man's sexual organ, it cannot be viewed as an material that stimulates, plays, or satisfy a man's sexual organ, and it cannot be viewed as an obscene material because it does not violate the concept of good sexual morality and thus, it cannot be viewed as an obscene material.

Supreme Court Decision 87Do2331 Decided December 22, 1987 (Gong1988, 386) Supreme Court Decision 94Do2413 Decided June 16, 1995 (Gong1995Ha, 2673)

Defendant

Prosecutor

Seoul District Court Decision 2000No3877 delivered on June 29, 2000

The appeal is dismissed.

The obscene material refers to a material that stimulates, plays, or satisfies a sexual desire, and that is contrary to the concept of good sexual morality and that would prejudice the normal sense of sexual shame of the general public (see, e.g., Supreme Court Decisions 87Do2331, Dec. 22, 1987; 98Do1536, Feb. 24, 199). In the case of protruding or protruding mixed, the media itself cannot be viewed as a material that stimulates sexual humiliation, causes interest, or satisfaction, and thus, it cannot be viewed as an obscene material, as it does not violate the concept of good sexual morality, since it cannot be viewed as an obscene material.

The judgment of the court below to the same purport is just, and there is no error of law as alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Son Ji-yol (Presiding Justice)