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(영문) 대법원 2017.05.17 2017도2113
아동복지법위반(아동학대)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment that found Defendant B guilty of the facts charged in this case on the grounds that there is no proof of crime, and sentenced Defendant B not guilty.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found Defendant A guilty of the modified charges of this case on the grounds indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, by exceeding the bounds of the principle of free conviction in violation of logical and empirical rules, or by misapprehending the legal doctrine on abuse under Article 17 subparag.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the argument that the punishment is too unreasonable for Defendant A to be imposed 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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