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The defendant shall be innocent.
Reasons
The summary of the facts charged in the instant case is that the Defendant violated the code of practice by displaying and keeping for sale a single female sexual flag, an obscene material, at the C adult product shop operated by the Defendant in Gwangju Seo-gu, Seo-gu, Gwangju, about May 13, 2013, by displaying and keeping for the purpose of selling.
According to the court records, the defendant's legal statement, detection report, seizure records, and field launch photographs, it is acknowledged that the defendant displayed one female sexual flag at the above store for the purpose of sale. 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 goods displayed is a male self-defense organization, and its form and color is not a scarcity of a woman's sexual flag and resistance, but a outline of expression is not a detailed expression, it is difficult to regard the defendant's display of goods displayed for the purpose of sale to a person carrying on the amusement business affecting the public morals, and there is no other evidence to acknowledge it.
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