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광주지방법원 2013.08.14 2013고단2570
풍속영업의규제에관한법률위반
Text

The defendant shall be innocent.

Reasons

The gist of the facts charged in the instant case is that the Defendant violated the code of practice of a person who conducts the amusement business affecting the public morals by displaying and keeping the maternal sexual flag, which is obscene goods, at the C adult product shop operated by the Defendant in Gwangju-gu, on April 24, 2013, at around 14:50.

In light of the following circumstances acknowledged by the evidence, the Defendant’s store is a business establishment that sells goods supporting the sexual life of adults, and the Defendant’s use of the goods displayed is a male self-defense organization, and its form and color is not a simple expression of the women’s sexual flag and port, and it is not a general expression of the shape and color, and it is difficult to view that the goods displayed by the Defendant are prohibited from displaying for the purpose of sale to a person running the amusement business affecting the sexual life of the Defendant, and there is no other evidence to acknowledge it otherwise.

Thus, the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and thus, the judgment of innocence is rendered under the latter part of Article 325

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