아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for four months.
except that from the date of this judgment.
1. Summary of grounds for appeal;
A. The sentence imposed by the prosecutor (the imprisonment of six months, the suspended sentence of two years, the community service order of 80 hours, the lecture order of 40 hours, the employment restriction order of 3 years) is too uneasible and unreasonable.
B. The Defendant’s act does not constitute emotional abuse against a child, but did not intend to commit child abuse against a child, with regard to the guilty part of the lower judgment (No. 1 to 17, and 19) by misunderstanding the facts and misapprehending the legal principles.
(2) The above sentence sentenced by the lower court is too unreasonable.
2. Determination
A. The lower court found the Defendant guilty of this part of the facts charged by comprehensively taking account of the circumstances acknowledged by the evidence duly adopted and investigated by the lower court’s determination as to the Defendant’s misunderstanding of the facts and the legal doctrine. In addition, the circumstances, such as the reasoning of the evidence duly adopted and examined, and the Defendant appears to have expressed the appearance of undermining the victimized children by force without going through the process of leading the victimized children or leading them to attention when the victimized children act differently from the Defendant’s intent, and the Defendant appears to have used the force for the victimized children with the intention to reconstiate the victimized children at the very low time. At the time of the instant case, it was the urgent situation where the victimized children were in a dangerous condition or that they could directly harm other children.
Considering the absence of the circumstances, it is difficult to justify the defendant's action, and the defendant has committed these actions for several victimized children over a relatively short period of time, and considering the attitude, the post and the situation at the time of the defendant's action, the response of victimized children, etc., the defendant's behavior does not appear to be solely for the discipline of victimized children, but rather is derived from the negative sentiment of victimized children.