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(영문) 수원지방법원 안산지원 2013.08.13 2013고정926
음란물건전시
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was around 19:00 on March 20, 2013, the Defendant: (a) set up and set up a DNA Lone Star vehicle in front of Silung City; and (b) displayed at the display stand inside the vehicle one male self-help machine in the shape of female sex flag, an obscene material.

2. The goods of this case, which are judged, have been reproduced with a mar, mar and mar, of women in a mar, and the part of the mar and mar in the shape and color of the goods, shall be colored separately from the mar and mar around the mar.

It is not an explicit expression of a woman’s mar, such as a detailed reproduction of a negative figure, but an expression of a woman’s marbly, each color is a single color of a brightness of a brightness, and there is a large difference from the actual mar of a person. The overall shape is merely a simple reproduction of a woman’s mar and the part of a sexual flag or an resistance that does not clearly state.

Therefore, even if the goods of this case are in itself a sexual organ of a woman, it is difficult to view that the goods of this case itself goes against the concept of sexual morality by stimulating ordinary people's sexual desire and impairing normal sexual humiliation. Moreover, even if it is true that the overall observation and evaluation of the goods of this case leads to an indecent sense of sexual morality, it cannot be readily concluded that the goods of this case were sexually expressed or expressed by an explicit method to the extent that it can be deemed that the overall observation and evaluation of the goods of this case has seriously damaged and distorted human dignity and value.

Thus, since the evidence of the submission by the prosecutor alone cannot be readily concluded that the goods of this case constitute obscene materials, the facts charged in this case constitute a case where there is no proof of crime and thus, the defendant is acquitted pursuant to the latter part of Article

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