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(영문) 대법원 2017.11.23 2017도12339
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of the facts charged in this case (excluding the portion not guilty of the grounds) on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on the meaning of “effort” or “for profit” under Article 11(2) of the Act on the Protection of Juveniles from Sexual Abuse, or by misapprehending the meaning of “effort” under Article 44-7(1)1 of the Act on the Promotion of Utilization of Information and Communications Network Utilization and Information 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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