2017Do2113 Violation of Child Welfare Act (Child abuse)

[Name of crime partially recognized to Defendant A: Child abuse

Article 10 (Persons Engaged in Child Welfare Facilities)

[Child Abuse]

1. A;

2. B

Defendant A and Prosecutor (Defendant B)

Chuncheon District Court Decision 2015 - 945 Decided January 1, 2017

May 17, 2017

All appeals are dismissed.

The grounds of appeal are examined.

1. As to the prosecutor's grounds of appeal

For the reasons indicated in its holding, the lower court reversed the first instance judgment that found Defendant B guilty of the charges in this case on the grounds that there is no proof of crime, and sentenced Defendant B not guilty. Examining the reasoning of the lower judgment in light of the record, the lower court’s aforementioned determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors

2. As to Defendant A’s ground of appeal

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found Defendant A guilty of the modified facts charged. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules without exhaust all necessary deliberations, or by misapprehending the legal doctrine on abuse under Article 17 subparag. 3 of the Child Welfare Act, contrary to what is alleged in

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed against Defendant A, the argument that punishment is too unreasonable is not a legitimate ground for

3. Conclusion

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

Justices Park Poe-dae et al.

Justices Park Young-young

Justices Kwon Soon-il

Justices Kim Jae-in