beta
(영문) 광주고등법원 (제주) 2020.01.29 2019노97

아동학대범죄의처벌등에관한특례법위반(아동학대치사)등

Text

The judgment below

On March 29, 2018, the guilty part and the innocent part are reversed by violating the Child Welfare Act (child abuse).

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the facts charged of this case, the Defendant did not engage in physical abuse against the victimized child, such as violation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse (Death, etc.) among the facts charged of this case, and the death of the victimized child could have caused the shock, etc. inflicted upon South and North Koreans in the process of playing a small amount of cerebrovassis due to prior injury. However, the lower court determined that the reliable statement of the victimized child family was rejected without reasonable grounds, and that the Defendant caused the death of the victimized child due to physical abuse by indirect evidence, such as the prosecution of intention based on the result of autopsy, or circumstantial evidence, and sentenced him/her guilty of this part of the facts charged. In so doing, the lower court erred by misunderstanding the facts against the guilty part of the lower judgment. 2) The lower court’s punishment (15 years of imprisonment, 80 hours of order, 5 years of employment restriction order) sentenced the Defendant with unfair sentencing

B. While recognizing the Defendant’s act of exercising physical force against each of the facts charged in the instant case, the lower court acquitted the Defendant of all the charges on the ground that such act was insufficient to deem that the Defendant committed physical abuse under the Child Welfare Act. However, in full view of the statement by a doctor in charge of video treatment for the victimized child, the video of the spacker’s body, the circumstances leading up to the taking of the above pictures by the spuckbucks, the time when the spuckspackspackspacks are taken, and the result of the autopsy against the victimized child, it is recognized that the Defendant’s act was committed a physical harmful act against the victimized child.

Therefore, there is an error of misunderstanding of facts or misunderstanding of legal principles in the acquittal portion of the judgment below

A prosecutor.

참조조문