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Hentai Case to Go to Supreme Court

Japan Today reports that Motonori Kishi, president of the Shobunkan publishing company has decided to take his case, regarding obscenity charges over a pornographic anime, to the Supreme court.

The case stems from a pornographic manga, called Misshitsu that Shobunkan distributed. Kishi was charged with distributing the manga, which contained graphic portrayals of sex, rape, sado masochism and realistic close-ups of genitalia.

In January 2004 found the Tokyo District Court found Kishi guilty of obscenity charges and sentenced him to one year in prison, subject to three years probation.

Kishi appealed the case to the Tokyo High Court on the grounds that his rights to freedom of expression, guaranteed by the Japanese constitution had been violated and that the manga posed no risk to the public because it was properly labeled and sold in separate sections of stores reserved for adult material. The High Court maintained the verdict however reduced his sentence to a 1.5 million yen fine.

While relieved that the risk of prison time has been removed, Kishi is appealing the ruling to the Japanese Supreme Court.