아동학대범죄의처벌등에관한특례법위반(상습상해)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In other words, the Defendant was punished with the intention to admonish his or her children, and the Defendant did not have any reason and did not have any habitual nature.
B. The sentence of the lower court’s unfair sentencing (one year of imprisonment, three years of suspended sentence, protection observation, and order to attend a lecture) is too unreasonable.
2. Judgment on the misapprehension of legal principles
A. "Act which does not violate social norms" under Article 20 of the Criminal Act refers to an act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Thus, to constitute a justifiable act, a certain act must meet the requirements such as the motive or legitimacy of the act, the means or method of the act, the reasonableness of the means or method of the act, the balance of the legal interests protected and interests with the interests of the navigational law, urgency, and other means or methods except the act (Supreme Court Decision 2004Do8530 Decided February 25, 2005). In light of the following circumstances, the court below's duly adopted and investigated evidence to the effect that the defendant can be recognized by comprehensively taking into account the evidence, namely, (i) the defendant's act of assault and violence to prevent the victim from being injured, and (ii) the defendant's act of assault and harm to the victim's free will, and (iii) the defendant's act of harming the victim's free will.
B. On the other hand, the court below also held.