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(영문) 청주지방법원 2019.09.05 2019노212
아동복지법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the statements by victimized children and opinions by specialized child protection agencies, the judgment of the court below which acquitted all of the facts charged of this case on a different premise that the defendant's act constitutes emotional abuse against victimized children is sufficiently recognizable, and there is an error of law by misunderstanding facts, or by misunderstanding the legal principles as to emotional abuse, which affected the conclusion of the judgment.

2. In light of the above legal principles and circumstances, the court below found the defendant not guilty of the facts charged in this case on the ground that it is difficult to view that the evidence alone, which was submitted by the prosecutor, constitutes emotional abuse that causes harm to the mental health and development of the child, is proved without reasonable doubt. The court below's decision is just and acceptable, and it is not erroneous in the misapprehension of legal principles or misapprehension of legal principles as alleged by the prosecutor, if the above judgment of the court below is closely compared with the records, including the circumstances pointed out by the prosecutor in the grounds for appeal, and the above judgment of the court below, including the circumstances pointed out by the prosecutor in the grounds for appeal.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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