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(영문) 대법원 2019.07.25 2019도4896
아동복지법위반(아동학대)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the Defendant, the lower court found the Defendant guilty of the violation of the Child Welfare Act (child abuse) on April 25, 2016 and the violation of the Infant Care Act among the facts charged in the instant case on the grounds 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 “physical abuse” in the crime of violating the Child Welfare Act (child abuse).

2. On the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of crime regarding the violation of the Child Welfare Act (child abuse) on April 22, 2016 among the facts charged in the instant case, and sentenced the Defendant not guilty.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, 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 “physical abuse” in the crime of violating the Child Welfare Act (child abuse).

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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