아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Fact misunderstanding or misunderstanding of legal principles 1) The Defendant did not flick the damaged children E on the floor of the classroom, but did not leave the victimized children G.
2) Emotional abuse in relation to a child’s crime under the Child Welfare Act shall be interpreted as an act of causing damage to a child’s body at least, or an act of abandoning or neglecting a child under protection or supervision, which is obviously recognized as an act of emotional violence, cruel treatment, etc. that may cause harm to the mental health and development of a child.
In interpreting the emotional abuse as above, even if there is a little degree of or lack of consideration for the defendant's victimized children, it shall be deemed as part of the child care or decoration for the children as child care teachers, and it shall not be deemed as emotional violence or cruel acts.
B. The sentence that the lower court rendered unfair sentencing (or four months of imprisonment, one year of probation, and 40 hours of lectures to prevent the recidivism of child abuse) is too heavy.
2. Determination
A. The lower court also asserted that the lower court erred by misapprehending the legal doctrine, or by misapprehending the legal doctrine.
The lower court determined that the Defendant’s rejection of the Defendant’s assertion and the Defendant’s act against the victimized children constituted emotional abuse by stipulating the judgment on the Defendant’s and defense counsel’s assertion in detail.
In light of the evidence duly adopted and examined by the lower court and the reasoning of the lower judgment, the lower court’s judgment is justifiable.
Therefore, the defendant's above assertion is without merit.
B. Sentencing unfair Defendant recognized the facts of the instant crime as a substitute.
The degree of emotional abuse against victimized children is relatively minor.
There is no criminal history against the defendant.
Other circumstances that form the conditions for sentencing as shown in the records and arguments of this case.