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(영문) 대법원 2018.10.25 2018도8894
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that it did not constitute a crime against the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes due to the provision of photographs among the facts charged in the instant case or that there was no proof of such crime.

Examining the record, the lower court did not err by misapprehending the legal doctrine on “providing” under Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, contrary to what is alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the remaining part except the above acquittal part does not state the reasons in the petition of appeal and does not state the reasons for appeal in the statement of reasons for appeal.

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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