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(영문) 수원지방법원 2014.10.23 2014노1202
풍속영업의규제에관한법률위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the court below rendered a not guilty verdict as to the violation of the Act on the Regulation of Amusement Businesses Affecting Public Morals and the possession of obscene materials although the male self-help organization of this case constitutes obscene materials, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (three million won of a fine) is too unhued and unreasonable.

2. Determination

A. The lower court determined on the assertion of misapprehension of the legal doctrine as to the assertion of misapprehension of the legal doctrine. In full view of the degree and overall appearance of a woman’s sexual organ, mack, and mack, the instant male macker’s material is a macker with a similar quality, hacks, and hacks similar to that of a woman’s sexual organ, macks, and red color, but the negative part is not expressed with a red color, but does not de facto describe the secret part of an outer macker, such as the sexual organ, the inside structure, name, and hacks, etc. of a woman’s sexual organ, and it is difficult to easily understand a part of a woman’s body by describing only a very low part of a woman’s lower half body, and the overall appearance, it is difficult to view that the general public expressed an actual woman’s body or sexual act, i.e., sexual m., sexual mack or act, and thus, acquitted the instant male macker’s expression or act.

“obscenity” is contrary to the concept of sexual morality by stimulating ordinary people’s sexual desire by stimulating them, and impairing their normal sexual humiliation, and is merely indecent when viewing and evaluating the entire expression as a whole.

(b).

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