The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a person running a business affecting the public morals that operates a mutual adult product store called "D" in Busan Nam-gu C.

No one shall distribute, sell, lend, view, or display or keep obscene documents, paintings, movies, sound records, or video products for the purpose of perusal at a public morals and business office.

Nevertheless, around 16:00 on September 11, 2012, the Defendant kept “E”, which is a self-defensive device of women’s physical model, an obscene material, at the adult product store at the above place.

Summary of Evidence

1. Partial statement of the defendant;

1. Reporting on detection of business entities in violation of laws;

1. A report on the control of a business place;

1. The defendant and his defense counsel asserts that the "E" recorded in the facts charged does not constitute obscene goods.

obscenity means any obscene material that may stimulate, stimulated, 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, and whether it constitutes obscene material must be objectively determined as to the material itself regardless of the offender’s subjective intent, distribution, display, etc.

(See Supreme Court Decision 2003Do988 Decided May 16, 2003, etc.). According to the records, the "E" in the male crisis of this case was used as materials that make a sense that is close to the skin of the human body, and the part of the women's sexual organ was reproduced in the same form as that of the woman's body, based on the E model, which is identical to the body of the human body. Thus, the expression of the female sexual organ of this case can stimulate or stimulate sexual humiliation, and it is contrary to the concept of good sexual intent, and thus, it is an obscene article.

Therefore, the defendant and his defense counsel's above assertion.