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(영문) 대법원 2015.10.29 2015도9760
아동복지법위반
Text

The appeal is dismissed.

Reasons

Based on the circumstances indicated in its holding, the lower court determined that the Defendant’s act of having the victim in such a state is “an act of neglect of the basic protection, rearing, etc. with respect to a child under protection and supervision of one’s own body” as prohibited under Article 17 subparag. 6 of the former Child Welfare Act (amended by Act No. 12361, Jan. 28, 2014) and convicted all of the facts charged of the instant case.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the first instance court and the lower court, such determination by the lower court is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine regarding the act of neglect prohibited under the Child Welfare Act, or by exceeding the bounds of the principle

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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