아동학대범죄의처벌등에관한특례법위반(아동학대치사)
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for five years and for nine years, respectively.
. Defendants:
1. Summary of grounds for appeal;
A. The sentence sentenced by the court below (7 years of imprisonment for the defendant A, 10 years of imprisonment for the defendant B) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below on Defendant B is too unhued and unreasonable.
2. The main text of Article 29-3(1) of the Child Welfare Act, which was amended by Act No. 15889, Dec. 11, 2018, effective June 12, 2019, provides that when the court declares a punishment for committing a child abuse-related crime, it shall order a child-related institution to operate the child-related institution for a given period or not to provide employment or actual labor to the child-related institution, simultaneously with the judgment of the child abuse-related crime case, and the proviso of the said provision provides that the same shall not apply to cases where the risk of recidivism is remarkably low or where the employment is determined by any special circumstance that does not restrict employment.
In addition, according to Article 2 (1) of the Addenda to the above Act, the amended provisions of Article 29-3 shall also apply to a person who committed a crime related to child abuse before this Act enters into force and has not received a final and conclusive judgment.
According to Article 3 subparag. 1, 3, and 7-2 of the Child Welfare Act, Article 2 subparag. 1, 2, and 4 (l), and Article 2 subparag. 4 (n) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes among the instant cases, the crime of violating the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes and the Child Welfare Act (child abuse) constitutes a crime related to child abuse, and at the same time the instant judgment and the instant judgment, the Defendants should be sentenced to an employment restriction order
3. If so, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act, and the following is again decided upon without examining the Defendants’ assertion of unfair sentencing and the prosecutor’s assertion of unfair sentencing on Defendant B.
【The part of the judgment which was previously rendered】