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(영문) 대법원 2013.12.26 2013도11694
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court rejected the allegation in the grounds of appeal as to the mistake of facts against which the instant facts charged were recognized.

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 “distribution” in the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity) and violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Distribution of obscenity) and thereby adversely affecting

The Supreme Court's decision alleged in the grounds of appeal differs from this case, and thus is inappropriate to be invoked in this 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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