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(영문) 광주지방법원 2013.11.27 2013노1790
풍속영업의규제에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal falls under the case’s self-help crisis and female sexual intercourse with the defendant’s display of the defendant (hereinafter “instant adult product”), and thus, the court below erred by misapprehending the legal principles, which acquitted the defendant.

2. Determination

(a) No person who runs an amusement business affecting the public morals in the facts charged shall display or keep any obscene material for sale, etc.;

Nevertheless, at around 20:30 on April 8, 2013, the Defendant, within the “C Adult Product Store,” operated by himself in Gwangju Northern-gu, the Defendant, as a material, re-influence of the women’s side and the part of the port is almost the same as that of the women in fact, and in its form, color, etc., it is determined on the basis of the mother gender of the upper part of the upper part, which is an obscene material for women’s sexual organ being excessively expressed in the shape and color.

Even reference materials submitted by a defense counsel as of November 19, 2013 are photographs of the same adult products, and the defendant had the same objects as the above photographs on the second trial date of the trial of the party and directly confirmed the actual objects in this court.

On the other hand, adult products at the surface 11, 12, and 15 of the evidence record are not only a woman’s sexual flag, anus, and her but also a single shot color with her but also it is difficult to view them as obscene materials. The same was displayed, stored, or stored for sale purposes.

B. The lower court’s determination is based on the following circumstances: (a) the store of the Defendant sells goods that assist the sexual life of adults, in which the entry of juveniles is prohibited; (b) the use of goods displayed by the Defendant is a male self-help organization; and (c) the shape and color of the goods are not clearly reproduced but rather generally expressed.

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