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광주지방법원 2013.08.14 2013고단2570

The defendant shall be innocent.


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