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(영문) 대법원 2015.1.29.선고 2013도10861 판결
성폭력범죄의처벌등에관한특례법위반(카메라등이용·촬영)[변경된죄명:아동·청소년의성보호에관한법률·위반(음란물제작·배포등)]
Cases

2013Do10861 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.)

[Name of changed crime: Act on the Protection of Children and Juveniles against Sexual Abuse]

Violation (production, Distribution, etc. of obscenity)

Defendant

A person shall be appointed.

Appellant

Prosecutor

Defense Counsel

Attorney W (Korean Office Line)

Judgment of the lower court

Daejeon High Court Decision 2013No272 Decided August 21, 2013

Imposition of Judgment

2015,1.29

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of criminal facts regarding the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) among the facts charged in the instant case.

Examining the reasoning of the judgment below in light of the records, although the court below's reasoning is somewhat inappropriate, it is just in its conclusion in its conclusion, and contrary to what is alleged in the grounds of appeal, the court below did not err by misapprehending the legal principles on crimes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity), which affected

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

Justices Park Jae-young

Justices Lee In-bok

Justices Kim Yong-deok

Justices Ko Young-han

Justices Kim Gin-young

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