아동복지법위반(아동학대)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Of the facts charged in the instant case, the lower court found the Defendant not guilty on the part of the Defendant’s emotional abuse of the victim D, as stated in the judgment of the lower court, and found the Defendant not guilty on the part of the violation of the Child Abuse Act in the judgment of the lower court, as long as it found the Defendant guilty on the part of the judgment of the lower court,
As to this, the defendant appealed on the grounds of unfair sentencing, and the prosecutor did not separately appeal the acquittal part of the reasons. The acquittal part of the reasons is also judged in the trial together with the conviction part. However, the acquittal part of the reasons was already excluded from the object of attack and defense between the parties and was virtually excluded from the object of trial.
Therefore, the scope of the judgment of this court is limited to the remainder except the acquittal part of the judgment of the court below, and the judgment of the court below on the acquittal part of the reasoning of the court below is not separately determined by the court below.
2. The summary of the grounds for appeal (two months of imprisonment and two years of probation, and forty hours of probation and child abuse crime prevention education) declared by the court below is too unreasonable.
3. Ex officio determination: (a) the main sentence of Article 29-3(1) of the Child Welfare Act, amended by Act No. 15889, Dec. 11, 2018; (b) enforced on June 12, 2019, which entered into force, is a summary order, simultaneously with the judgment of a child abuse-related case, to order the operation of any of the following facilities or institutions or to prohibit employment or actual labor at a child-related institution for a certain period from the date (referring to the date on which a penalty becomes final, in cases of a penalty imposed on a child-related crime) on which the execution of all or part of the sentence or medical treatment and custody is terminated or suspended or exempted (referring to the date on which a penalty has become final, in cases of a penalty imposed on a fine):