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(영문) 서울고등법원 2017.05.23 2017노898

아동복지법위반(상습아동학대)

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Of the facts charged in this case, the court below found the defendant guilty on the violation of the Child Reinstatement Act (child abuse) due to emotional abuse against the defendant among the facts charged in this case, and found the defendant A guilty on the violation of the Child Reinstatement Act (child abuse) due to the crime committed against the defendant A, 2, and 3 times again (child abuse) in the attached list of crimes committed against the defendant A, which are related to each of these crimes, public prosecution is dismissed, and the defendant A guilty on the violation of the Child Reinstatement Act (child abuse) due to physical abuse 1, 4, and 5 times again in the list of crimes committed against the defendant A, and the violation of the Child Reinstatement Act (child abuse) against the defendant B (child abuse). Since the prosecutor did not appeal against the acquittal portion of the above reasons, this part of the judgment of the court below was reversed together with the guilty part, but this part is not subject to the judgment of the court's decision of 200Do1440, Feb. 14, 201).

2. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. Fact misunderstanding 1) Defendant A’s violation of the Act on the Prevention of Children’s Uniforms (Child Abuse) at the 20th anniversary of the list of crimes Nos. 2 and 3 attached to the judgment of the court below in the judgment of the court below (the dismissal part of the prosecution) against Defendant A is a child of Grade 2 with a intellectual disability of 16 years of age at the time when the victim made a statement to an investigative agency, and 4-7 years of the date of each crime, and there was no witness to each crime, and no contact with Defendant A was possible to investigate the above Defendant, taking into account that the victim’s statement was made as soon as possible based on the victim’s statement.