아동복지법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unhued and unfair.
2. The judgment of the defendant is against the defendant's confession of criminal facts, the defendant committed each of the larceny crimes in a state of mental disorder with the military register, and even though it is recognized that he agreed with the thief, the crime of this case is committed against the victim E, who was entrusted to him as child care teacher, and the nature of the crime is heavy since the defendant committed the act of abuse against the victim E, who was entrusted to him, and stolen another's property four times, due to the crime of this case, the victim E suffered mental or physical pain due to the crime of this case, but the defendant did not make any effort to recover from damage, but there was a history of punishment twice by larceny, and all other sentencing factors in the records and arguments of this case, it is recognized that the sentence imposed by the court below is unfair.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 71 (1) 2, Article 17 subparagraph 5 (a) of the Child Welfare Act (a point of emotional abuse of a child), Article 329 (a point of larceny) of the Act on the Punishment of Offenses, and the Selection of Imprisonment with labor for each type of crime;
1. Articles 10(2) and 55(1)3 of the Criminal Act for statutory mitigation (as to a person with a mental disability, a person with a mental disability, or a person with larceny)
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order under Article 62-2 of the Criminal Act;