아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
1. The gist of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, one hundred and twenty hours of community service, and forty hours of order to attend a lecture) is too unfeasible and unreasonable;
2. The main sentence of Article 29-3(1) of the Child Welfare Act (Act No. 1589), which was effective June 12, 2019, provides that where the court declares a sentence or medical treatment and custody for committing a child abuse-related crime, it shall impose an order to operate a child-related institution or to prohibit a child-related institution from providing employment or actual labor (hereinafter referred to as “order to restrict employment”) for a certain period from the date when the execution of the sentence or medical treatment and custody is terminated, suspended or exempted (where a fine is sentenced, the date on which the sentence becomes final, the date on which the sentence becomes final) is suspended or exempted by a judgment, at the same time as the judgment of the child abuse-related crime case, and the proviso to Article 29-3(1) provides that the same shall not apply to cases where the risk
In addition, Article 2 (1) of the Addenda to the Child Welfare Act (Act No. 15889, Dec. 11, 2018) provides that Article 29-3 (1) of the Child Welfare Act applies to a person who committed a crime related to child abuse before the enforcement of the above Act and did not receive a final and conclusive judgment.
The Defendant’s violation of the Child Welfare Act (Punishment of child abuse by child welfare workers, etc.) constitutes a child abuse-related crime to which Article 29-3(1) of the Child Welfare Act applies, and thus, the court shall decide on whether the Defendant issued an employment restriction order or exempted a child-related institution.
Considering the method and attitude of the crime appearing in the record, the relationship between the defendant and the victim, and the circumstances before and after the crime, there is no special circumstance that the defendant would not significantly lower the risk of recidivism or restrict employment.
On the other hand, this Court does not change.