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(영문) 전주지방법원 군산지원 2013.11.27 2013고정404
음란물건전시
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Around April 25, 2013, around 19:30 on April 25, 2013, the Defendant displayed the summary of the facts charged for the purpose of selling a woman’s maternal block, which is obscene materials, in “D”, which is an adult product shop operated by the Defendant in Ysan-si.

2. The term "obscenity" means a thing that may stimulate, stimule, or satisfy a sexual desire, which is contrary to ordinary people's normal sense of sexual humiliation and sexual morality;

(See Supreme Court Decision 2003Do988 Decided May 16, 2003). In addition, the term “obscenity” refers to the following acts: (a) the expression “obscenity” is contrary to the concept of sexual morality by stimulating ordinary people’s sexual desire by causing sexual humiliation and undermining normal sexual humiliation; (b) the expression’s overall observation and evaluation is merely indecent.

To the extent that it can be deemed that the human dignity and value of a person who has the personality to be respected and protected beyond the degree of harming or disrupting, is seriously damaged or distorted, the expression or expression of sexual prejudice or act by an sacratic means is a hostile expression or expression, and in light of social norms, it means that the person appeals exclusively or mainly sexual interest and does not have the literary, artistic, ideological, scientific, medical, or educational value. In determining the obscenity of a expressive material, it shall not be a subjective intention of the producer of the expressive material, but be an objective and normative evaluation in accordance with the sound social norms of the society from the perspective of the average person of that society.

(2) According to each evidence submitted to this court and examined by the Defendant, including a report on internal investigation, a photograph, and a seizure protocol, etc. (see, e.g., Supreme Court Decision 2006Do3558, Mar. 13, 2008). According to each evidence examined by the Defendant, it can be acknowledged that the Defendant displayed one type of female sternist (hereinafter “instant article”) while operating the adult product store. However, the instant article is the substance of the actual container.

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