아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
The judgment below
Of those, the conviction against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
except that this shall not apply.
1. Summary of grounds for appeal;
A. Defendant A (unfair punishment)’s sentence imposed by the lower court on Defendant A (one year of imprisonment, two years of suspended sentence, 80 hours of community service order and 40 hours of lecture order) is too unreasonable.
B. Defendant C1) misunderstanding of facts and misunderstanding of legal principles did not neglect due care and supervision to prevent physical and emotional abuse against ordinary children while operating a child care center. Nevertheless, the lower court erred by misapprehending the legal principles as to Article 74 of the Child Welfare Act and Article 74 of the Child Welfare Act. 2) In so doing, the lower court’s judgment erred by misapprehending the legal principles as to unjust sentencing (a fine of three million won) sentenced by the lower court to Defendant C is too unreasonable.
C. Prosecutor 1) Of the part of the judgment of the court below not guilty of facts, the part concerning the charge concerning the joint crime by Defendant A and B, the part concerning the charge concerning the crime No. 5 in the judgment of the court below among the charges concerning the sole crime by Defendant A, the part concerning the charge concerning the crime No. 3, the part concerning the charge concerning the physical abuse among the sole crime by Defendant B, and the part concerning the charge concerning the violation of the Child Welfare Act by Defendant C as a result of neglecting the duty to supervise each of the above crimes, are sufficiently proven through all evidence, including CCTV images. Nevertheless, there is an error of misconception of facts in the misapprehension of facts. 2) The judgment of the court below erred in the misapprehension of facts, which
2. We examine ex officio prior to the judgment on the grounds of appeal ex officio as to the conviction against Defendant A.
Article 29-3(1) of the Child Welfare Act (amended by Act No. 15889, Dec. 11, 2018) provides that a person who was sentenced to punishment or medical treatment and custody for committing a child abuse-related crime shall not operate the facilities or institutions (hereinafter referred to as “child-related institutions”) or provide employment or actual labor to the child-related institutions.