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(영문) 광주지방법원 2013.08.14 2013고단2572
풍속영업의규제에관한법률위반
Text

The defendant shall be innocent.

Reasons

Punishment of the crime

The summary of the facts charged in the instant case is as follows: from April 1, 2013 to the same year by the Defendant.

5. From 17:10 until 21. 17:10, the Defendant displayed and stored a maternal mar sexual flag, which is obscene in the C adult product store operated by the Defendant, for the purpose of selling it.

In light of the following circumstances acknowledged by the evidence, the Defendant’s store is a business establishment that sells materials supporting the sexual life of adults, and the Defendant’s use of materials displayed by himself/herself is a male self-defense body, and its form and color is not a simple expression, but a general expression is generally expressed, in light of the following: (a) it is difficult to view the Defendant’s display of materials for the purpose of selling them for the purpose of selling them; and (b) it is difficult to view it as constituting “obscenity materials” in which the Defendant’s display is prohibited from displaying them for the purpose of selling them, 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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