beta
(영문) 서울고등법원 2020.09.15 2020노889

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)

Text

All of the appeals by prosecutors are dismissed.

Reasons

Summary of Reasons for Appeal

A. The Defendant A, B, and the lower court’s punishment (a fine of KRW 7 million each) is too uneasy and unreasonable.

B. In light of the fact that: (a) misunderstanding of facts and misapprehension of legal principles (the C part) (1) consistently and specifically stated the content of the damage; (b) there is no motive or motive to the victimJ; (c) Defendant C’s act objectively causes sexual humiliation or aversion to the general public and is contrary to good sexual morality; and (c) it infringes the victimJ’s sexual self-determination right to sexual self-determination, it should be deemed that Defendant C’s act constitutes a indecent act by compulsion.

Unlike this, the lower court found the Defendant not guilty of this part of the facts charged erred by misapprehending the legal doctrine and mistake.

Judgment

A. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment on the assertion of unfair sentencing (Defendant A and B), and the sentencing of the lower court does not deviate from the reasonable scope of discretion, the appellate court need to respect the sentencing of the lower court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). ① Defendant A and B, who is a high school teacher, committed several expressions against “a woman who has shown a sense of sexual shames” during the class against “a woman who has shown a sense of sexual humiliations,” and ② In particular, some expressions are “a description of women’s distorted sexual humiliations,” or “a word used as a subject of exploitation or abuse during the Japanese occupation period,” and “a word used as a subject of exploitation or abuse of a woman during the Japanese occupation period.” ③ In fact, Defendant A and B, who was actually involved in the class, have suffered a considerable sense of sexual humiliations, and even after graduation, Defendant A and B wanted a strict punishment against Defendant A and B, are disadvantageous circumstances against Defendant A.

Despite the above unfavorable circumstances, it is relatively 30 years old or longer, and rather, honored that it is unfavorable as a "relicing."