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(영문) 대법원 2016.07.14 2016도25
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the Defendants on the ground that the Defendants constituted a violation of the Act on the Protection of Children from Sexual Abuse (distribution of production, etc. of obscene materials) due to child pornography among the facts charged in the instant case (the facts charged by the lower court with respect to Defendant D and J) and a violation of the Act on Promotion of Use of Information and Communications Network Utilization and Information Protection, Etc. (distribution of obscene materials) constituted a case where there is no proof of a crime.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal principles.

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

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