아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment, two years of suspended execution, one hundred and sixty hours of community service order, and forty hours of order to attend child abuse treatment lectures) is too uneasy and unreasonable.
2. Considering the status of the defendant who is responsible for the care and protection of the infant as a child care teacher in charge of judgment, the defendant's liability for the crime is not weak, the victims and their families are deemed to have suffered a lot of mental suffering, and there is no agreement with the victims and their families.
On the other hand, the fact that the defendant recognizes the crime of this case and that it is the first offender who has no particular criminal power is favorable.
In addition, comprehensively taking account of the sentencing balance with the same crime, the background of the crime in this case, the circumstances after the crime was committed, the age, character and conduct, and environment of the defendant, etc. as well as the various sentencing conditions shown in the records and arguments, the prosecutor’s assertion is without merit, since the court below’s punishment is too unjustifiable.
3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.