아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) Of the facts charged in the instant case, Defendant 1’s double indictment, Defendant 1 violated the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes (child abuse by persons engaged in child welfare facilities, etc.) on November 12, 2014 and dismissed the public prosecution on the grounds of double indictment. However, the lower court convicted all of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine.
B) On November 3, 2014, November 6, 2014, and November 12, 2014, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (child abuse by persons engaged in child welfare facilities, etc.) due to each physical abuse on November 12, 2014, and the Defendant committed physical abuse that may harm the physical health and development of a victim with the intent to commit child abuse. However, the lower court convicted all of the charges of the instant case of violation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (child abuse by persons engaged in child welfare facilities, etc.) on November 3, 2014, the lower court erred by misapprehending the rules of evidence, misapprehending the facts, and misapprehending the legal doctrine.
C) Not only did the Defendant violated the duty of care as a victim’s infant care teacher, but also did not have a relation between the Defendant’s occupational breach of duty of care and the victim’s death, the lower court convicted the Defendant of occupational and practical negligence among the facts charged in the instant case. In so doing, the lower court erred by misapprehending the rules of law, misunderstanding of facts, and misunderstanding of legal principles.
2) The lower court’s improper sentencing is too unreasonable.
B. Comprehensively taking account of the evidence submitted by the prosecutor on November 5, 2014, each of the violation of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes (child abuse by persons engaged in child welfare facilities, etc.) on November 5, 2014, the Defendant’s physical damage to the G’s body or physical health on November 5, 2014.