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(영문) 광주지방법원 2013.08.14 2013고정1362
풍속영업의규제에관한법률위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case is that the Defendant displayed and stored the maternal gender flag of the mother, an obscene material, at the C adult product store operated by the Defendant in Gwangju Northern-gu, around April 8, 2013, for the purpose of selling it.

According to the records, the defendant's legal statement, the defendant's occurrence report, and the photo, it is acknowledged that the defendant displayed and kept the flag female scarg for the purpose of selling the flag material at the above store. However, the following circumstances acknowledged by the evidence are where the defendant's store sells goods assisting the sexual life of adults, and the defendant's use of goods displayed by the defendant is a male self-defense organization, and its form and color is not a detailed expression of the women's sexual flag and port, but a rough expression of it is not a simple expression. Thus, it is difficult to view it as "obscenity goods" where the defendant displayed for the purpose of selling them to the person carrying on the amusement business affecting the public morals, and 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

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