logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.05.20 2016노328
아동복지법위반(아동학대)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the statements of the victimized child E and F are reliable, and the statements of G, the father of the victimized child, correspond to the statements of the H, which are the parents of other parents, are recognized as credibility, the lower court rejected the credibility of each of the above statements and acquitted the Defendant of the facts charged in this case. In so doing, the lower court erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. We examine the judgment of the court below. The court below stated in detail the judgment of the court below on the conduct Nos. 8 through 9 of the 3th page No. 9 of the judgment of the court below, and there is no further evidence submitted in the trial.

A thorough examination in light of the evidence duly admitted and examined by the court below reveals that each of the statements by victimized children E, F, G, and H is not reliable, and the remaining evidence submitted by the prosecutor alone was proved to the extent that the defendant committed physical abuse against victimized children as stated in the facts charged and committed emotional abuse at the same time.

It is difficult to see it.

Therefore, the court below is just to have rendered a not guilty verdict on the facts charged of this case, and there is an error of law by misunderstanding facts or misapprehending legal principles

Therefore, the prosecutor's argument is rejected.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

arrow