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(영문) 수원지방법원 2014.02.13 2013노4007
음란물건전시
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal lies in color and promotion similar to the skin of the person's body with the material of the actual container. The court below found the defendant not guilty of the facts charged of this case in the misapprehension of legal principles as to obscenity, on the ground that the defendant's display of goods constitutes obscene goods that may sufficiently stimulate or stimulate sexual humiliation and violate the ordinary public's normal sense of sexual shame and good sexual morality.

2. Determination

A. A. Around March 20, 2013, the Defendant: (a) around 19:00 on March 20, 2013, set up and set up DNA Lone Star in front of C in the city of entertainment; and (b) displayed on the display stand inside the vehicle one male self-help scheme in the shape of female sex flag, an obscene material (hereinafter “instant product”).

B. The lower court determined that the goods of this case were the actual container of a female’s sound, mack, and mack, and the part of the mack, but coloring the sound and macking part of the sound and conspiracy in its form and color separate from the front color.

In addition, it is difficult to see that the instant product itself goes against the concept of sexual morality by stimulating the general sexual desire and impairing the normal sexual humiliation in light of the overall observation and evaluation of the instant product as a whole, and it is difficult to see that the instant product itself goes against the generally accepted social norms, and thus, it is difficult to see that the instant product itself goes against the concept of sexual morality by stimulating the general sexual desire and impairing the normal sexual humiliation. In addition, it is difficult to see that the overall observation and evaluation of the instant product are carried out as a whole.

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