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(영문) 서울중앙지방법원 2020.01.17 2019노2325
아동복지법위반(아동유기ㆍ방임)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two months of imprisonment) is too unreasonable.

B. Prosecutor 1) In light of the legal principles as to the violation of the Child Welfare Act (child abandonment or neglect), the payment of the victim’s living costs during the Defendant’s importation does not actually have any effect, and the victim does not take any medical, emotional and educational measures. Thus, this ought to be deemed as abandonment equivalent to physical and mental abuse as prescribed in the Child Welfare Act. The judgment of the court below that acquitted the charged facts is erroneous in the misapprehension of legal principles. 2) Since, around March 2017, E, the mother of the victim of the violation of the Child Welfare Act (child abuse), who was the victim, has consistently stated that the victim was assaulted by the Defendant, the credibility of the statement is recognized.

The judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.

3. The sentence sentenced by the court below on unreasonable sentencing is too uneasible and unfair.

2. Determination

A. As to the prosecutor’s assertion of the misapprehension of the legal principle, the lower court, based on the evidence submitted by the prosecutor, was somewhat negligent in protecting and fostering the victim.

Even if the Child Welfare Act intends to punish, it is insufficient to deem that the child abuse, one of the child abuse to be punished, has reached the “child abuse”, and there is no other evidence to acknowledge it.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is justified, and there is no error of law by misunderstanding legal principles as argued by the prosecutor.

Therefore, the prosecutor's above assertion is without merit.

나. 검사의 사실오인 주장에 대하여 원심은 그 판시와 같은 이유를 들어 피고인이 2017. 3.경 피해자를 수회 발로 찼다는 E의 진술은 그 신빙성이 의심스럽고, 검사가 제출한 증거만으로는 피고인이 2017...

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