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(영문) 대법원 2014.10.30 2014도6481

음란물건제조

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant C and D’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that all of the charges charged against the Defendants were guilty on the grounds indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the record, the lower court is just and acceptable to have acquitted Defendant A and B of the facts charged in the manufacture of obscene materials of this case on the grounds stated in its reasoning, on the ground that there is no evidence of such crime. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending

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

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