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