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(영문) 대법원 2016.04.29 2016도2613
아동복지법위반(상습아동학대)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence, the lower court is justifiable to have found the Defendant guilty of the instant facts charged.

There is a violation of law of logic and experience and violation of law of free evaluation of evidence beyond the limits of free evaluation of evidence.

subsection (b) of this section.

The argument that there is an error that infringes on the essential contents of the principle of balance of punishment or the principle of responsibility by failing to fully reflect the conditions favorable to the defendant is an unfair argument in sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced. Thus, in this case where a more minor sentence has been pronounced against the defendant, the argument that the amount of the sentence is unfair does not constitute a legitimate appeal

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

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