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(영문) 대법원 2014.05.29 2013도15642

풍속영업의규제에관한법률위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

(1) For the reasons indicated in its holding, the lower court: (a) determined that the instant adult product does not constitute an obscene material that may harm ordinary people’s normal sexual humiliation and contravene good sexual morality; and (b) upheld the first instance judgment that acquitted the Defendant; and (c) upheld the first instance judgment that acquitted the Defendant, instead of accepting the grounds for appeal by the Prosecutor disputing this point.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on obscene materials, contrary to what is alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.