아동복지법위반(아동학대)
All appeals filed by prosecutors and defendants are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles have a fact that the Defendant took care of her children by somewhat rapid physical action in the course of provokinging the victimized children, but this cannot be deemed as an emotional abuse. The Defendant’s act is an act for the development of a decoration and that does not violate the social norms, and thus, is not unlawful. 2) The punishment (fine 700,000 won) sentenced by the lower court of unfair sentencing is too unreasonable.
B. The prosecutor (guilty of Facts and misunderstanding of legal principles) committed by the lower court on the ground that the act Nos. 3 and 9 of the attached list of crimes, which the lower court acquitted the victimized party on the ground that the act does not constitute emotional abuse, also constitutes emotional abuse against the victimized party, and the act as described in the facts charged by the Defendant (excluding No. 8 of the above list of crimes) constitutes physical abuse against the
2. The Defendant is a person who served as a child care teacher at a C-care center located in Gyeongcheon-gun, Chungcheongnamcheon-gun.
On March 16, 2017, at the above location, the Defendant reported that the child victim D (one year of age) walk as the corridor of the above child care center, and took the child victim D (one year of age), in good faith, to take care of school meals by putting the boom, and then committed physical and emotional abuse against the child victim as follows. From that time to March 20, 2017, the Defendant committed a physical or emotional abuse against the child victim D, E (one year of age), as shown in [Attachment Table 1-1-10] to March 20, 2017.
3. The judgment of the court below
A. The acts such as the statements Nos. 1, 2, 4 through 8, and 10 in the annexed list of crimes committed on the guilty portion constitute emotional abuse that harms the mental health and development of children.
B. The evidence submitted by the prosecutor alone does not constitute emotional abuse that causes harm to the mental health and development of a child, such as the act indicated in the attached list 3 and 9 of the Defendant’s list of crimes committed by the prosecutor.