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(영문) 대법원 2019.05.30 2018도17859
아동복지법위반
Text

All appeals are dismissed.

The judgment of the court below on the last part of the judgment of the court below is not guilty.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of violating the Child Welfare Act, as stated in [Attachment 1] No. 10 of the facts charged in the instant case, based on its stated reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. As to the prosecutor’s grounds of appeal, the lower court acquitted the prosecutor on the charge of violating the Child Welfare Act as stated in the judgment of the lower court among the facts charged in the instant case on the ground that there is no evidence of crime or no evidence of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on political party acts

On the other hand, the prosecutor appealed from the judgment of the court below as to the guilty portion against the defendant, but there is no statement in the petition of appeal and the appellate brief.

3. Therefore, all appeals are dismissed. Since it is apparent that there is an omission in the text of the judgment of the court below, the correction is made pursuant to Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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