No person who runs an amusement business affecting the public morals shall display or keep obscene materials, such as obscene documents or drawings, for the purpose of distributing, selling, etc., at a place where the business affecting the public morals is conducted.

Nevertheless, from March 23, 2013 to 01:00 on March 27, 2013, the Defendant displayed and stored a man’s self-help machine, an obscene material, for the purpose of sale, at the store of “one-time personal belongings”, which is a business custom of the Defendant’s management, which is a business office for the operation of the Defendant in Bupyeong-si, Nowon-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Application of statutes on site photographs and seizure records;

1. Article 10 (2) and subparagraph 3 of Article 10 of the Act on the Regulation of Businesses Affecting Public Morals Affecting the Punishment of Crimes, Articles 10 (2) and 3 of the same Act

1. A fine of 700,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (in cases of the inducement in a workhouse, 50,000 won a day);

1. The Defendant alleged that the male-use crisis district in the judgment of the court below against the Defendant’s assertion under Article 59(1) of the suspended sentence is not obscene. As such, the Defendant alleged that the male-use crisis district in the judgment of the court below was not an obscene material, the term “obscenity” refers to the material which may stimulate, arouse, or satisfy sexual desire, and thus prejudice the ordinary public’s normal sense of sexual humiliation, and goes against the good sexual intent. Whether a certain material constitutes obscene material should be objectively determined on the material itself regardless of the situation in which the offender’s subjective intent, distribution, display, etc. was committed (see, e.g., Supreme Court Decision 2003Do988, May 16, 2003). According to the above evidence, the male-use self-help district in the instant case used as material in which the material used, and the part of the bring, sexual instruments, and resistance parts are the same as those of the actual body of a woman, thereby impairing the ordinary public’s sexual sense and sexual morality.