아동복지법위반(아동학대)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.
2. The emotional and physical abuse of a person raising children may take place through the entire life of the child, and it is recognized that the circumstance unfavorable to the defendant is that: (a) the emotional and physical abuse of the child was committed against the child, such as the formation of a friendly relationship essential for the child to live as a member of the next healthy society; (b) a serious criminal that significantly impedes the trust and formation of control power over the child; and (c) the defendant repeats the abusive acts against the victimized child several times; (d) the content thereof is a serious assault to the extent that the victimized child would inflict an injury on the victimized child; or (e) it does not seem to be easy for the victimized child to do so at night.
However, in light of the fact that the defendant recognized the crime of this case, and the defendant shows an attitude against the victim's livelihood through detention for a considerable period of time, and that the defendant made an economic effort to support his family in good faith before being detained in this case, the defendant is judged as an appropriate disposition to prevent and maintain re-offending, to take measures to protect victims by obtaining protection and observation of the defendant and lectures for child abuse treatment, and to ensure that the defendant has no power to be punished for the same kind of crime, and that the defendant's age, motive, environment, motive, and motive for the crime of this case, etc.