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(영문) 대법원 2017.01.12 2016도18804
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court in light of the evidence duly admitted by the first instance court, the lower court’s determination that the Defendant was guilty of violating 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 on the grounds stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free conviction due to breach of logical and empirical rules, or by misapprehending the legal doctrine on the illegality of the production of obscene materials by children and juveniles under Article 11(1) of the Act on the Protection

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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