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(영문) 대법원 2018.04.12 2018도49

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, it is justifiable for the lower court to have determined that the instant facts charged was guilty on the grounds stated in its reasoning and maintained the judgment of the first instance court that forfeited the seized evidence.

In doing so, the court below did not err by misapprehending the legal principles as to the confiscation or the principle of trial on evidence without exhausting all necessary deliberations as alleged in the grounds of appeal, thereby exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.

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