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(영문) 인천지방법원 2017.08.25 2017노940

아동복지법위반(아동학대)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (a prison term of six months, a suspended sentence of two years, and a community service order of 80 hours) on the summary of the grounds of appeal is too unfasible and unreasonable.

2. The crime of this case committed by the Defendant, as a child-care teacher, who is in a position to be professionally protected so that children can grow as healthy members of society, committed physical and emotional abusive acts such as the act of physical and emotional abusive acts involving the heads of victimized children on account of their duties and the trust of victimized children and their age, and the reasons why victimized children are faced with each other, etc.

There are not a lot of mental impulses and wounds suffered by victimized children due to the above abuse, and there is a possibility that they may have a negative impact on the formation of personality of victimized children in the future.

I seem to appear.

The parents of victimized children are trying for strict punishment against the defendant.

However, the defendant recognized the crime of this case, and is in depth repenting his mistake.

The degree of abuse is not relatively more severe, and it does not seem that the defendant's abuse was habitually habitually committed.

After committing the crime, the Defendant only established the child-care center of this case as the park of the manufacturing company. If this case is finalized, it is impossible to be employed by the child-related agency for the future ten years according to the Child Uniforms Act, and thus, it is not likely to repeat the crime.

It seems clear that the defendant has no record of criminal punishment, and social relationship between his/her family and his/her will seems clear, such as the birth of his/her wife.

In full view of the following circumstances: (a) the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime; and (b) the sentencing conditions as shown in the instant records and arguments, including the circumstances after the commission of the crime, the sentence imposed by the lower court cannot be deemed unfair because it is too unfasible.

Therefore, prosecutors.