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(영문) 서울고등법원 2020.09.02 2020노863

아동학대범죄의처벌등에관한특례법위반(아동학대치사)

Text

The judgment of the court below is reversed.

Defendant

A and B shall be punished by imprisonment with prison labor for 12 years, and by imprisonment with prison labor for 8 years.

Reasons

1. Summary of grounds for appeal: Unfair sentencing

A. The sentence (15 years of imprisonment with labor for each of the defendants A, B, and 10 years of imprisonment with labor for each of the defendants) declared by the court below against the defendants is too unreasonable.

B. The above punishment sentenced by the prosecutor by the court below to the defendants is too unfortunate and unfair.

2. A judgment on a crime of child abuse may remain permanently on a child’s emotional and health condition at its growth stage and have a negative effect on physical and emotional development and the formation of self-esteem.

Since these abuse causes new personal and social problems, more strict punishment is needed for abuse target to adults.

Accordingly, the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes punishs a child who commits a crime of child abuse to cause the death of the child, and strengthens the minimum punishment to the same extent as the crime of murder under Article 250(1) of the Criminal Act even in the case of imprisonment for life with the statutory penalty.

Defendant

A is the friendship of a child victim, and the defendant C had living together with the defendant A for about one year prior to the occurrence of the case, and the defendant B had living together with the child victim by having the defendant A, C and the child victim live together with the child victim at the place where the defendant himself/herself resides at the time of the occurrence of the case.

From the beginning of the suicide of the Defendants, the Defendants committed a non-discriminatory and cruel violence and abuse against the victimized children who are three years old or older during a period of up to two weeks, thereby causing the death of the victimized children.

For the reason that the victimized party does not drink boom, chicking booms and booms used tools such as chucks, or booms and spaths of the victimized party by hand, drinking, etc., and the victimized party's spaths and spaths were collected as flabs.

The body of a child victim is blicked, flicked, and knicked for the reason that the child victim does not hear the language.