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(영문) 대법원 2020.03.26 2020도932
아동복지법위반(상습아동학대)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on Defendant A’s grounds of appeal, Defendant A appealed against the judgment of the first instance, and only asserted unfair sentencing as the grounds of appeal.

In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles cannot be a legitimate ground for appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing

Defendant

In this case where a more minor sentence is imposed against A, the argument that punishment is too unreasonable cannot be a legitimate ground for appeal.

2. As to the Defendant B’s grounds of appeal, the lower court upheld the first instance judgment convicting Defendant B of the facts charged in the instant case on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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

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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