The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the Defendant of violating the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (Death Caused by Child Abuse).

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 causation and predictability between abuse and death.

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the age, behavior intelligence and environment of the defendant, relationship with the victim, motive means and consequence of the crime of this case, etc., the court below cannot be deemed to have sentenced to 15 years of imprisonment to the defendant even when considering the circumstances asserted in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.