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(영문) 대법원 2014.06.12 2014도1701
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found the Defendant guilty of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

2. Examining the reasoning of the lower judgment in light of the relevant legal principles and records, it is justifiable to maintain the first instance judgment that acquitted the Defendant on the ground that the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) among the facts charged in the instant case constitutes a case without proof of crime, and contrary to what is alleged in the grounds of appeal, the lower court did not err

3. Therefore, 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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