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(영문) 대법원 2019.05.30 2019도779
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes (hereinafter “Child Abuse Punishment Act”) around March 3, 2016 among the facts charged against the Defendant, on the grounds stated 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 regarding “ emotional abuse” and “political act”

According 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. On the grounds of appeal by the prosecutor, the lower court, based on its stated reasoning, acquitted the Defendant on the ground that there was no proof of a crime regarding the violation of the Child Abuse Punishment Act (child abuse by persons engaged in child welfare facilities, etc.) around October 2015, around August 9, 2015, and around November 2014, among the facts charged against the Defendant.

The judgment below

Examining the reasoning in light of the record, 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 regarding “physical emotional abuse” and “recovering”.

On the other hand, the prosecutor appealed the guilty portion of the judgment of the court below, but does not indicate the grounds of objection in the petition of appeal and the appellate brief.

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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