아동복지법위반(아동학대)
The judgment of the court below is reversed.
As to the crime No. 1 in the judgment of the defendant, a fine of KRW 1.5 million is against the crime No. 2 and No. 3 in the judgment.
1. The summary of the grounds for appeal (an offence No. 1: a fine of KRW 2 million: a fine of KRW 2 million; a crime of Articles 2 and 3: Imprisonment with prison labor for 6 months; an order to complete a child abuse treatment program 40 hours; and a child-related employment restriction order 5 years) that the court below made is too unreasonable.
2. In light of the fact that the Defendant committed physical abuse on three occasions against the victim who is his/her father, and two times among them, the period of suspension of execution due to the crime of violating the Child Welfare Act (child abuse) is shorter than that of the instant crime, the criminal liability for the instant crime is not exceptionally against the victim.
However, in light of the fact that the defendant recognized the facts charged in this case and reflects his mistake in depth, the defendant appears to have committed the crime in this case in the process of raising the victim, and that the defendant divorceds with the mother E on condition that he waives his right of custody and visitation right to the victim, the defendant's loss was cut off by two hands, E does not want the defendant's punishment, and the crime of violation of the Child Welfare Act (child abuse) of which judgment has become final and conclusive, the punishment should be determined in consideration of equity with the case where the judgment is rendered simultaneously with the crime of violation of the Child Welfare Act (child abuse), and other conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, the defendant's argument is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 71 (1) 2 of the Child Welfare Act and Article 17 (1) 3 of the Child Welfare Act that provides applicable legal provisions for facts constituting an offense and that provides for the choice of punishment;