The defendant shall be innocent.

1. The summary of the facts charged is the person who runs the amusement business affecting the public morals on the basis of “Catur”. While a person who runs the amusement business affecting the public morals does not allow him to view or peruse obscene documents, drawings, movies, motion pictures, sound records, video records, and other obscene materials, the person who runs the business affecting the public morals violated the rules on the performance of the business affecting the public morals by storing obscene videos on the website “Catur” on the Internet computer screen on September 18, 2012 within “Catur” 307, around September 18, 2012.

2. The Defendant asserts that there was no fact that obscene videos were stored as stated in the facts charged in the instant case.

On the other hand, since the suspect interrogation protocol prepared by the police to the effect that the defendant confessions the facts charged of this case among the evidence submitted by the prosecutor denies the facts charged of this case in the court, it shall be deemed that the contents of the above suspect interrogation protocol are not acknowledged, and thus,

(see, e.g., Supreme Court Decision 2001Do3997, Sept. 28, 2001). Moreover, as stated in the facts charged in the instant case, only the fact that obscene videos were stored on a computer as stated in the police seizure protocol, the list of seizure, and on-site photographs are recognized, and further, the Defendant stored the above obscene videos.

It is insufficient to recognize that there was a person who found the obscenity with knowledge that the obscenity video was stored, allowing him to view it.

Thus, the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged of this case, and there is no other evidence to acknowledge them. Thus, the facts charged of this case constitutes a case where there is no evidence of crime and thus, the acquittal is pronounced pursuant to the latter part of Article