A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant is a person operating "B adult product store in Goyang-gu, Manyang-si." No person shall distribute, sell, lease, openly exhibit or show obscene documents, drawings, films, and other things. Nevertheless, around 15:00 on September 20, 2012, the Defendant displayed and stored the aforesaid “B adult product store” for sale, and sold 70,000 won per unit to many unspecified customers who find the said business place.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of statutes on field photographs;

1. Article 243 of the Criminal Act and Article 243 of the same Act concerning the crime, selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act against the defendant's claim that the creation of female mother does not constitute an obscene article contrary to the sexual morality.

obscenity means an obscene article that may stimulate, arouse, or satisfy a sexual desire and that may impair the normal sense of sexual shame of the general public and goes against the good sexual intent. Whether an obscene article constitutes an obscene article ought to be objectively determined as to the article itself regardless of the offender’s subjective intent, distribution, display, etc.

(See Supreme Court Decision 2003Do988 delivered on May 16, 2003). With respect to the instant case, the health room, and the instant female hair creation material, using a straw container that leads to a sense that is close to the skin of the human body, by reproducing the parts of the women, such as her part, her part, her part, such as her part, her part, her part, such as her part, her part, and her part, which is almost the same as the actual part of the woman’s sexual organ, and by expressing her part of the woman’s sexual organ excessively in an excessively explicit manner, it can stimulate or arouse sexual humiliation, and