The defendant shall be innocent.

The summary of the facts charged in the instant case is that the Defendant violated the code of practice of a person who conducts the amusement business affecting the public morals by displaying and keeping the maternal sexual flag, which is obscene, at the C adult product store operated by the Defendant in Seo-gu, Seo-gu, Gwangju, around May 13, 2013, by displaying and keeping it for sale.

According to the court records, the defendant's legal statement, detection report, seizure records, and field photographs, it is recognized that the defendant displayed the materials of the actual container for the purpose of selling a woman's sexual flag at the above store. However, in light of the following circumstances acknowledged by the evidence, the defendant's store is a place where the defendant sells goods assisting the sexual life of adults, and the defendant's use of the materials displayed is a male self-help organization, and its form and color is not a detailed expression of women's sexual flag and port, but a general expression of it is not a simple expression, it is difficult to view it as an "obscenity" where the defendant displayed for the purpose of selling them to the person carrying on the amusement business. There is no other evidence to acknowledge it otherwise.

Thus, the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and thus, the judgment of innocence is rendered under the latter part of Article 325