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(영문) 대법원 2020.05.14 2020도3563
아동복지법위반(아동학대)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the court below reversed the judgment of the court of first instance which found the Defendant guilty on the grounds that there was no proof of crime as to the crime No. 16 of the annexed crime list No. 16 among the facts charged in the case

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court did not exhaust all necessary deliberations, and did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, misapprehending the legal doctrine on the necessity of Amendments to Bill of Indictment, or

2. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of the instant facts charged (excluding the crimes listed in [Attachment Table No. 16] on the grounds indicated in its holding, and ordered the child-related institutions to impose employment restrictions for one year.

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 “ emotional abuse”, “act of neglect”, and requirements for exemption from the employment restriction order as prescribed in Article 17

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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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