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(영문) 청주지방법원 2018.10.25 2018노523

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal includes not only the emotional abuse that may cause harm to the mental health and normal development of the victimized child, but also the cases where the risk or risk of causing such a result arises. Unlike other children, the defendant was placed above the perpetrator's public book, thrown away on the floor and thrown away the victimized child at the face of his/her graduation. The above act by the defendant constitutes mental discrimination that causes insult to the victimized child, and the act by the defendant constitutes an emotional abuse that adversely affects the child's emotional development by taking into account the results of CCTV analysis and on-site investigation, and the judgment of the court below that the act by the defendant constitutes an emotional abuse that adversely affects the child's emotional development by taking into account the fact that the victimized child's mother requested perusal of CCTV, and the investigation of this case is obviously obvious about the victimized child's mental abuse. However, the judgment below erred by misapprehending the legal principles on the facts of this case or by misapprehending the legal principles on the facts of this case.

2. The lower court’s judgment may be deemed to mean “ emotional abusive acts detrimental to the mental health and development of a child” as “act that may interfere with, or cause a significant danger to, the attitude and attitude of the child who helps the child to feel an object, maintaining and grow normally,” and “an act that may cause damage to the child’s body, abandonment, or neglect of, the child,” and as to what act constitutes emotional abusive acts, the degree of tangible power that may have been inflicted on the child, the motive and background leading up to the act, the age and health of the victimized child.”