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(영문) 광주지방법원 2015.10.06 2015노1953

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The defendant's 40-hour child abuse.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and forty hours of completion of child abuse treatment programs) is too unreasonable.

2. Ex officio determination

A. On February 2015, the summary of the facts charged regarding the violation of the Child Welfare Act due to emotional abuse committed emotional abuse by the Defendant, on the grounds that the victim D 107 Dong-dong, Gwangjubuk-gu, 107 Dong-gu, 602 had a knife in the kitchen and had a knife of the victim, and had a knife of the victim, and had a knife of the victim. The Defendant committed emotional abuse that may harm the mental health and development of the victim.

B. Prior to the judgment on the grounds for appeal, Article 17 subparag. 5 of the Child Welfare Act prohibits ex officio the emotional abuse of a child that may harm the mental health and development of the child. In order for a child to be an act that may harm the mental health and development of the child to be an act, the child’s act should be recognized, and such act must be deemed as negative response to the child, or thereby, the child’s mental health should be affected.

The victim was born E, and this case occurred around February 2015, and according to the professional examiner's written opinion duly adopted and investigated by the court below, it can be acknowledged that the victims did not have the ability to understand the meaning of the phrase "Barain" that is 2 months after the birth as the victim, such as the victim, and they did not have the ability to understand the danger of the knife, and there is no ability to recognize the risk of the knife, and the knife with the knife and the knife seems to have the emotional reaction by the knife, rather than feel the fear.

Therefore, the defendant's words and behavior that "responding away" cannot be deemed to constitute emotional abuse that harms the mental health and development of the victim. Therefore, the above facts charged are found guilty.