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(영문) 대법원 2020.12.10. 선고 2020도13261 판결

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Cases

2020Do13261 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media)

Defendant

A

Appellant

Prosecutor

Defense Counsel

Law Firm, Law Firm Professor

[Defendant-Appellant]

The judgment below

Suwon District Court Decision 2020No863 Decided September 10, 2020

Imposition of Judgment

December 10, 2020

Text

The appeal is dismissed.

Reasons

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.

Judges

Justices Noh Jeong-hee

Justices Park Sang-ok

Justices Ansan-chul

Justices Kim Jong-hwan