The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal falls under the case’s self-help crisis and female sexual intercourse with the defendant’s display of the defendant (hereinafter “instant adult product”), and thus, the court below erred by misapprehending the legal principles, which acquitted the defendant.

2. Determination

A. The Defendant in the facts charged is a person who operates a adult product store in the name of “C adult product store” in Gwangju North-gu.

No person who runs a business affecting the public morals shall display or keep obscene materials for the purpose of selling them, etc.

Nevertheless, at around 16:45 on June 28, 2013, the Defendant: (a) indicated the facts charged in the instant case, such as the Defendant’s sexual flag, etc., of the material for women’s self-helping fluor, which was realized in almost the same form as that of the women’s fluorial part; (b) deemed that the Defendant placed obscene materials on the Defendant’s display as “the male sexual flag, etc. for women in the crisis of the actual container” and presented multiple objects; (c) however, the remaining adult products (the lower part of the 11th and the upper part of the 12th part of the evidence record) except for the maternal fluoral fluor’s sexual flag at the bottom of the 12th part of the evidence record, do not specify the kind and quantity; and (d) it is difficult to recognize that most of them are obscene materials in accordance with the purport of the Supreme Court Decision (Supreme Court Decision 2000Do3346, Oct. 13, 2000).

B displayed for the purpose of sale.

Accordingly, the Defendant violated the code of practice of those who operate the amusement business affecting the public morals.

B. The lower court’s judgment: (a) the Defendant’s store is a place where the Defendant’s shop sells goods that assist the sexual life of adults, where the entry of juveniles is prohibited; (b) the use of goods displayed by the Defendant is a male self-help organization; and (c) its shape and color are not clearly reconcepting the female’s sexual flag and anus part.