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(영문) 대법원 2013.5.23. 선고 2013도3263 판결

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Cases

2013Do3263 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc. and photographing them)

Defendant

A

Appellant

Prosecutor

The judgment below

Seoul Western District Court Decision 2012No750 Decided February 19, 2013

Imposition of Judgment

May 23, 2013

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have acquitted the charged facts of this case on the grounds that there was no proof of such crime. In so doing, 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 violation of the Act on Special Cases Concerning the Punishment,

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

Judges

Justices Kim Jae-sik et al.

Justices Yang Chang-soo

Justices Park Jae-hee in charge

Justices Go Young-young

심급 사건
-서울서부지방법원 2012.6.27.선고 2012고정516