아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)
All the judgment below is reversed.
Defendant B shall be punished by imprisonment for one year.
80 hours per the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of each of the lower judgment’s respective punishments (in case of Defendant B: imprisonment with prison labor for a year and six months, completion of child abuse treatment programs for a period of 80 hours, and Defendant A: fine of five million won) is too unreasonable.
2. The judgment of Defendant B, who is a child care teacher, has sustained physical and emotional abuse of the victimized children for a considerable period of time, thereby adversely affecting their mental health and emotional development. The parents also have a considerable mental suffering, Defendant A neglected management and supervision of the child care teacher even though he was the head of the child care center. However, there are unfavorable grounds for sentencing, such as the Defendants’ confession and confession (Defendant A has been subject to responsibility for the first instance trial and withdrawn the assertion of fact). Defendant A received a letter from a large number of victimized children (Defendant B: 9 victims and agreement with Defendant A: Defendant A: Defendant 11). Defendant A made efforts to cure the state of punishment suffered by the victimized children and their parents, such as allowing them to receive counseling at the counseling center. Defendant A has no record of criminal punishment; Defendant B has to provide support to the minor children; Defendant A has the favorable grounds for sentencing; Defendant A’s family relation and economic situation; Defendant’s motive and motive for the crime of this case; and all other arguments presented in the judgment below.
3. Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' argument of sentencing is justified, and the judgment below is reversed and it is again decided as follows.
【Grounds for another judgment】 Facts constituting an offense and summary of evidence recognized by the court, as well as summary of evidence, are the same as stated in each corresponding column of the judgment of the court below.