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(영문) 인천지방법원 2018.01.19 2017노3138

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)등

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The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (6 months of imprisonment and 2 years of suspended execution) is too unhued and unfair.

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 up as healthy members of society, committed the act of assault and emotional abuse at the same time by taking several times due to his/her mission and the trust of the victimized child’s parents and the reason why the victimized child’s children are under age, etc., on the grounds that they are frightened, etc., and committed the act of emotional abuse at multiple times, and the nature and circumstances of the crime are not provided for therein.

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.

The defendant seems to have committed the crime of this case in a little contingent manner than at the same time, when he was pregnant.

The defendant agreed with the parents of one victimized child among four victimized children, and deposited 2 million won for one victimized child in the original judgment.

After committing the crime, the Defendant only had a child-care center, and if this case is finalized, it is not likely that the child-related institution will be employed for ten years in the future in accordance with the Child Uniforms Act.

The defendant is the first criminal who has no record of criminal punishment, and the social relationship seems to be clear.

In addition to these circumstances, the age, sex, environment, motive, means and consequence of the crime of the defendant;