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(영문) 대법원 2019.07.04 2018도14933
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

All appeals are dismissed.

Reasons

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

1. As to the grounds of appeal by Defendant A and B, the lower court convicted Defendant A and B of the charges on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the lawfulness of the crime of violating the Child Welfare Act, intentional act, and the seizure procedure of voluntarily produced articles, and the admissibility of voluntarily

2. As to the prosecutor’s grounds of appeal, the lower court acquitted Defendant D on the ground that there was no proof of crime regarding the facts charged against Defendant D, based on its stated reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence without exhaust all necessary deliberations in violation of logical and empirical rules, by misapprehending the legal doctrine on “reasonable attention and supervision” as prescribed in Article 74 of the Child Welfare Act, and by violating the principle of substantial direct examination.

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

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