The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is a person operating adult product stores, and around 16:00 on August 29, 2013, the Defendant did not observe matters to be observed at the business place of good customs by displaying an instrument for male use, which imitates women’s sexual organ, an obscene material, for sale, at the second floor “D” adult product stores of Dobong-gu Seoul Metropolitan Government.

2. The term “obscenity” means any article which may stimulate, stimule or satisfy a sexual desire, and which damages the normal sense of sexual shame of the general public and goes against the good sexual intent, and whether it constitutes an obscene article shall be objectively determined with respect to the article itself regardless of the offender’s subjective intent, distribution, display, etc.

(see, e.g., Supreme Court Decision 2003Do988, May 16, 2003). Also, in determining whether a expressive material is obscene, it is indecent when comprehensively observing and evaluating the expressive material.

Whether a person has expressed or expressed sexually his or her speech or behavior in an explicit manner to the extent that he or she can be deemed to have seriously impaired or distorted human dignity and value, which is a person with a personality to be respected and protected beyond the degree of harming or corrupting it, shall be objectively and objectively evaluated in accordance with the sound social norms of the society from the perspective of the average person of the society.

(see, e.g., Supreme Court Decision 2006Do3558, Mar. 13, 2008). According to the evidence submitted by the prosecutor in this case and the result of the inspection of the seized articles of this court, the male use knee knee and the body of a female being knee knee, and the body of the instant male use knee. As such, the instant male use knee knee knee and the body of the female being feld, the said knee is simply the body of the female sex, but the inside structure, name, and knee is not clearly described, and the total size of the above male use knee knee is A4