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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall be imposed on the defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles, while Defendant asserted that the statement Nos. 5 through 9 of the evidence list through the summary of the oral argument as of July 2019 did not meet the requirements under Articles 313(1) and 312(4) of the Criminal Procedure Act and thus, admissibility of evidence cannot be recognized. However, the above assertion is filed after the deadline for submitting the statement of grounds for appeal expires, and it cannot be deemed a legitimate ground for appeal. According to the records, the Defendant’s consent to all evidence submitted by his defense counsel and the prosecutor on the first date of the trial of the court below was completed, and the evidence consent at the court of first instance cannot be lost admissibility acquired under Article 318 of the Criminal Procedure Act (see, e.g., Supreme Court Decision 9Do2029, Aug. 20, 199). The judgment below does not seem to have any other reason to investigate and reverse ex officio in this case, as stated in its judgment of the court below, and it constitutes an unfair sentencing under Article 17(2) through 5 of the Child Welfare Act.
B. Prosecutor 1) An act prohibited under Article 17 subparag. 3 of the Child Welfare Act includes “an act of abuse detrimental to the physical health and development of a child” as well as “an act of abuse detrimental to the physical health and development of a child,” and the judgment of the court below which acquitted the Defendant of the violation of the Child Welfare Act due to physical abuse among the facts charged in the instant case is erroneous in the misapprehension of legal principles. 2) The sentence of the court below on the grounds that the sentence of an unreasonable sentencing (a fine of three million won
2. We examine ex officio the grounds for appeal prior to the judgment ex officio.
In the trial, the prosecutor of this case.