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(영문) 대법원 2014.05.29 2014도654
노인복지법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below is just in finding the Defendant guilty of the facts charged of this case on the grounds as stated in its reasoning. In so doing, the court below erred by misapprehending the legal principles on “age-care facilities” under Article 32(1)1 of the Welfare of the Aged Act or “the scope of duty to report” under Article 33(2) of the Welfare of the Aged Act, or by misapprehending the legal principles on “the scope of duty to report” under Article 33(2) of the Welfare

In addition, the ground of appeal asserts that the error of law in the grounds of appeal constitutes a mistake of law is not a legitimate ground of appeal, since the defendant did not consider it as the ground of appeal or the court below did not consider it as the subject of judgment

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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