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(영문) 대법원 2018.11.29 2018도15388

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court rendered a judgment on September 12, 2018, which was subsequent to the enforcement of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Revised Act”), which was amended by Act No. 15352, Jan. 16, 2018 (hereinafter “the Act”), and simultaneously issued a judgment pursuant to Articles 3 and 56(1) of the Addenda to the amended Act, and Article 56(1) of the Addenda to the amended Act, does not have any particular disadvantage to the Defendant, rather than maintaining the first instance judgment (see, e.g., Supreme Court Decision 2018Do1367, Oct. 25, 2018). The ground of appeal that the lower court erred by misapprehending the principle of prohibition of disadvantageous change, cannot be accepted.

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