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(영문) 대법원 2018.04.26 2018도3585
상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of the relevant crime regarding the violation of the Act on the Punishment, etc. of Sexual Crimes (obscenity using communications media) among the instant facts charged, on the grounds stated in its reasoning.

In light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the purpose of crimes in violation of the Act on the Punishment, etc. of Sexual Crimes (obscenity using communications media), contrary to what is alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment on the grounds of the Defendant’s final appeal in light of the relevant legal doctrine and the evidence duly admitted, the lower court, which found the Defendant guilty of the injury among the facts charged in the instant case on the grounds stated in its reasoning, did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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