아동복지법위반(아동학대)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
However, for a period of one year from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal that the sentence imposed by the court below on the defendant (the amount of a punishment of five million won, the amount of a punishment of forty million won, the amount of a child abuse treatment program program program program program program program program program program program program program program program program program program program
2. Ex officio determination
A. The appellate court shall decide on the grounds included in the grounds for appeal, and it may decide ex officio on the grounds that affect the judgment (Article 364(1) and (2) of the Criminal Procedure Act, even where the grounds for appeal are not included in the statement of reasons for appeal (Article 364(1) and (2) of the Criminal Procedure Act). Meanwhile, the grounds for appeal include “when there is any reason to acknowledge that the amount of punishment is unreasonable” (Article 361-5 subparag. 15 of the same Act), and as above, the grounds that affect the judgment are not included in the statement of reasons for appeal, but it does not include any limitation that the appellate court may not determine the sentence more favorable to the sentencing of the first instance.
Therefore, the court of appeals may ex officio, prior to the judgment on the grounds of appeal by the prosecutor that the first instance sentence is too unfford and unfair, judge whether there exists any reason to acknowledge that the sentencing is unfair, and if there is such reason, the court of appeals may reverse the first instance judgment and determine a minor sentence rather than the sentencing of the first instance judgment and sentence.
The Supreme Court Decision 2008Do1092 Decided December 9, 2010 (see Supreme Court Decision 2008Do1092, Dec. 9, 2010).
In this case, even though the defendant is in a position and responsibility to protect a child in a healthy and emotional stability state as a Taekwondo offender, more detailed interest has inflicted physical abuse on a victimized child who needs to be punished corresponding to the nature of the crime.
However, the defendant recognizes the crime of this case and reflects the defendant's mistake in depth, and the defendant is the mother of the victimized child in the first instance.