Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

The Defendant is a person who operates a adult product store with the trade name “C” in Daejeon Pungdong-gu B.

On May 30, 2013, at around 22:10, the Defendant publicly displayed obscene materials for the purpose of sale by inserting the sexual organ of a man into the display stand within the place of business of the above adult-use shop so that he/she may commit self-defense by inserting the sexual organ of a man.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Copy of the control report on public morals and business office;

1. The Defendant asserts to the effect that the Defendant’s assertion of photographs does not constitute obscene materials in light of its color, shape, etc.

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, etc.). With respect to the instant case, the following circumstances acknowledged by the records, namely, adult products in the holding, using a string container material that gives a sense that is close to the part of the people’s body, which is almost the same as the actual part of the women’s body, are reproduced in the same manner as the material of the woman’s body, and ② in the case of some of the adult products in the holding, the appearance of a woman’s buckbuck in the external part and the shape where the buckbucks of the woman’s buck and the outer part are put in large or visible, and ③ adult products in the holding are fit by a divem method such as a woman’s external part, port part, and buck.