성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
2020Do13261 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media)
A
Prosecutor
Law Firm, Law Firm Professor
[Defendant-Appellant]
Suwon District Court Decision 2020No863 Decided September 10, 2020
December 10, 2020
The appeal is dismissed.
The grounds of appeal are examined.
On the grounds indicated in its reasoning, the lower court reversed the judgment of the first instance that found the Defendant guilty and acquitted the Defendant. Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on the establishment of a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media)
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Noh Jeong-hee
Justices Park Sang-ok
Justices Ansan-chul
Justices Kim Jong-hwan