2016Do2860 Violation of the Child Welfare Act

A person shall be appointed.

Defendant

Attorney B

Busan District Court Decision 2015No3120 Decided February 5, 2016

April 28, 2016

The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed by a defense counsel).

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court and the first instance court, it is justifiable to have determined that the lower court convicted all of the facts charged of this case on the grounds as stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on “act of emotional abuse” as prescribed in the Child Welfare Act and by misapprehending the legal doctrine on “act of emotional abuse” as well as the lawful act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jo Hee-de

Note Justice Lee Sang-hoon

Justices Kim Jae-tae

Justices Park Sang-ok.