The defendant shall be innocent.

1. On April 30, 2013, the Defendant: (a) indicated in the facts charged for the purpose of selling a female sexual flag with a male crisis room (hereinafter referred to as “the mother product of this case”) in the business place around 20:52, a person who operates the adult product store of “D” with the trade name in Seo-gu Daejeon, Daejeon, for the purpose of selling the same.

2. The maternity of this case, which was exhibited by the defendant and his defense counsel, is not obscene.

3. Determination

A. 1) The term “obscenity” refers to an article that may stimulate, stimulated, or satisfy a sexual desire and that may impair the normal sexual humiliation of the general public and that goes against the good sexual intent. Whether an article constitutes obscene material ought to be objectively determined on the article itself regardless of the offender’s subjective intent, distribution, display, etc. (see, e.g., Supreme Court Decision 2003Do988, May 16, 2003). 2) The term “obscenity” refers to an article that may stimulate the sexual humiliation of the general public and cause sexual humiliation, and thus, is contrary to the concept of sexual intent by impairing the normal sexual humiliation, and is merely indecent when considering the overall observation and evaluation of the expressive material.

To the extent that it can be deemed that a person, who has the character to be respected and protected beyond the degree of harming or disturbing, seriously undermines the dignity and value of a person, who is a person with the character to be respected and protected, by an explicit means, has expressed or expressed sexually his or her act, and in light of social norms, it means that he or she does not have any literary, artistic, ideological, medical, or educational value, solely or mainly appeal to sexual interest in light of social norms, and does not have any literary, artistic, scientific, or medical value. In determining the obscenity of a expressive material, the average person of that society is not a subjective intention of the producer of the expressive material