아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (defendant A: imprisonment for one year and four months; probationary three years; community service for 200 hours; order for child abuse treatment and lectures for 80 hours; Defendant B: imprisonment for one year; probationary two years; community service for 120 hours; and order for child abuse treatment and lectures for 40 hours) of the lower court is too uneasible and unreasonable;
2. Although the Defendants knew of the actual state of assault and sexual assault among H children, they did not take measures to resolve the problems and prevent recurrence, such as investigating the actual state of the victimized children by completely separating the victimized children and the victimized children, or implementing relevant preventive education for the children.
The victimized children have been suffering from physical and psychological pain continuously for a longer period of about three years, and the victimized children have been suffered a wound that is difficult to recover from the old age, such as taking retaliation against the victimized children when they are informed of the damaged facts.
According to the records, the Defendants recognized that they worked in social welfare facilities for the purpose of raising children for a long time and engaged in duties such as the development and management of education and self-support programs for childcare, and such duties should be premised on the proper protection and proper rearing of childcare children, the sense of responsibility for, or a sense of duty for, the proper rearing of childcare children, and the Defendants are also engaged in the said duties with pride. However, even if the above problems were to be mobilized as a result of the H president’s instruction, which concerns that H’s attempt to conceal a matter rather than resolving the matter in one’s own direction for the welfare of children or would suffer administrative disadvantages, such as the closure of facilities, would result in the instant crime, even if the Defendants were not merely employed by the employees or not operated, and thus the Defendants did not have the final decision-making authority, such crime is not less complicated.
However, the defendants are their own.