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(영문) 대법원 2021.02.25 2020도17087

아동ㆍ청소년의성보호에관한법률위반(위계등간음)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant charges on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive scheme) or a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse.

Whether to adopt the application for examination of evidence is, in principle, necessary by the court at the discretion of the court.

In determining the seal, it may not be examined (see Supreme Court Decision 2010Do7947, Jan. 27, 2011, etc.). Thus, even if the lower court rejected the Defendant’s application for witness, etc., it cannot be deemed unlawful.

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