아동학대범죄의처벌등에관한특례법위반(아동학대치사)등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for four years.
For the defendant.
1. Summary of grounds for appeal;
A. Defendant 1) As to the violation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (hereinafter “Child Abuse Death”) (1) Defendant released the victim E from the outside by making the victim E mixed.
Although the victim E is unable to take away, the defendant's act as stated in this part of the facts charged, such as having the victim carry a neck, cannot be viewed as abuse, and the defendant was not aware that the victim E could have died due to the above act.
(2) The scope of the presumption of death time of the victim E is 15 hours and 30 minutes in consideration of the scope of the victim E’s death. Since the victim E’s private life is unclear, it is difficult to view that there exists a causal relationship between the victim E’s death and the Defendant’s act.
B) In light of the fact that there is no evidence that the victim C would be able to leave with respect to the violation of the Child Welfare Act (child abandonment or neglect), and there is no proof that there is any defect in the victim C’s health, the circumstance that the Defendant’s dwelling place was unsanitary and temporarily released with the victim C cannot be deemed to have deserted or neglected the victim C. 2) The lower court’s sentence of unfair sentencing (five years of imprisonment and 80 hours of program completion of child abuse treatment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Judgment on the defendant's assertion of mistake of facts
A. According to the facts or evidence duly admitted and examined by the court below as to the violation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (the act of causing child abuse), the following facts or circumstances are acknowledged. (A) The defendant was dead on April 18, 2019 while being tried together by the court as co-defendant A, and this court decided to dismiss the prosecution against A on April 22, 2020) and meal for his wife A (the victim E who was born for about three months at the time of birth.