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(영문) 대구지방법원 2019.01.18 2018노3104
아동복지법위반(아동학대)
Text

The prosecutor's appeal is dismissed.

Reasons

1. With respect to the part not guilty of the grounds of appeal in this case, the defendant's act of abuse in this part constitutes not only physical abuse but also emotional abuse.

Nevertheless, the judgment of the court below which acquitted the part on the part of emotional abuse on the ground that this constitutes only physical abuse, is erroneous in the misapprehension of legal principles as to the judgment on the number of crimes.

2. The lower court found the Defendant not guilty of this part of the facts charged on the ground that “The Defendant’s act of brooming the victim E with brooms, brooms, brooms, or drinking plastics (at the time of exercising force against the child, but not causing bodily harm), or the act of brooming the victim E with brooms of plastic materials or plastic materials, constitutes physical abuse, and it is difficult to acknowledge that such act constitutes emotional abuse, and there is no other evidence to acknowledge it.”

In a thorough examination of the above judgment of the court below in light of the records of this case, the judgment of the court below is just and there is no error in the misapprehension of legal principles as pointed out by the prosecutor.

Therefore, prosecutor's assertion is without merit.

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

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