아동복지법위반(아동학대)
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (one million won a penalty) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The grounds for appeal by the Defendant and the Prosecutor are also examined.
The defendant's abuse of a child in the growth process as a child care teacher is disadvantageous to the defendant, such as that the criminal liability is not provided against him/her in itself, and that he/she has not yet been taken against him/her.
However, in light of the fact that the defendant had committed a crime in the past, and that he deposited 3 million won for the victim, that he was the first offender, the course and method of the crime revealed in CCTV video on the day of this case, the situation before and after the crime, etc., the degree of abuse is significant.
In full view of the circumstances favorable to the defendant and other circumstances that are favorable to the defendant, such as the fact that the abuse of the defendant was neither intended nor habitually, the punishment imposed by the court below is somewhat unreasonable.
Therefore, the prosecutor's argument is without merit, and the defendant's argument is with merit.
3. In conclusion, the prosecutor's appeal is without merit, but the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Re-written judgment] The criminal facts and summary of the evidence acknowledged by the court and the summary of the evidence are as follows. In addition to the alteration of the "1. Part of the defendant's legal statement" in the 10th sentence of the judgment below to "1. The defendant's legal statement" in the 2th sentence of the judgment below, it is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act concerning the facts constituting the crime and the method of each of the choice of punishment;