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(영문) 대법원 2017.08.24 2017도9465
공연음란
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court rejected the Defendant’s allegation of grounds of appeal as to misapprehension of the legal doctrine, on the grounds that the first instance judgment convicting the Defendant of the facts constituting an offense in the judgment of the first instance, deeming that the Defendant’s act was an act contrary to the concept of sexual morality to the extent that it would prejudice the ordinary people’

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on “obscenity” in the crime of obscenity, as alleged in the grounds of appeal.

The Supreme Court precedents cited as the grounds for appeal are different, and it is inappropriate to invoke the instant case.

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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