2018Do1414 Violation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (Death from Child Abuse)

A person shall be appointed.

Defendant

Law Firm T

C, V, W

Seoul High Court Decision 2017 - 2571 Decided January 11, 2018

March 29, 2018

The appeal is dismissed.

The grounds of appeal are examined.

Examining the reasoning of the judgment below in light of the records, we affirm the court below's rejection of the defendant's assertion as to mental and physical disability, and there is no error of law in misapprehension of legal principles as to mental and physical disorder.

Meanwhile, the argument that the lower court’s determination of sentencing erred by mistake of facts or the principle of responsibility constitutes an allegation of unfair sentencing. However, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the ground of unfair sentencing is allowed. As such, in this case where a more minor sentence was imposed against the Defendant, the argument that the sentence is

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

Justices Cho Jae-chul et al.

Justices Go Young-young

Justices Kim So-young

Justices Kim Jong-il