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(영문) 인천지방법원 2016.08.17 2015노4157
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)
Text

The judgment of the court below is reversed.

1. Defendant A shall be punished by imprisonment for four months.

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant A (1) committed an act of bringing ice ice to the category of victimized child G, it does not constitute physical abuse, and there was no assaulting the head of the victimized child H with the floor of the hand.

Nevertheless, the lower court erred by misapprehending the legal doctrine or misunderstanding the fact of conviction.

2) The sentence of the lower court’s unfair sentencing (one year of suspended execution in April, and one hundred and sixty hours of community service order) is too unreasonable.

B. Defendant B (unfair sentencing)’s punishment (an amount of KRW 3 million) by the lower court is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the Defendants ex officio, the prosecutor changed the facts charged against the Defendants in this court as stated in the following facts charged by the prosecutor from the previous facts charged to the “physical abuse act” to the “ emotional abuse act” in the existing facts charged.

Defendant A’s applicable legal provisions are as follows: “Article 71(1)2 and Article 17 subparag. 3 of the Child Uniforms Act; Article 260(1), Article 37, and Article 38 of the Criminal Act; Article 71(1)2 and Article 17 subparag. 5 of the Child Uniforms Act; Article 260(1), Article 37, and Article 38 of the Criminal Act; Article 74, Article 71(1)2 and Article 17 subparag. 3 of the Child Uniforms Act; Article 71(1)2 of the Child Uniforms Act; Article 74, Article 71(1)2 of the Child Uniforms Act; Article 71 subparag. 2 and Article 17 subparag. 3 of the Criminal Act; Article 78 of the Criminal Act provides that “The court may no longer modify the contents of the amendment to the Act; thus, the court below’s application for the amendment to the Act.”

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendants, and the judgment below is reversed and it is decided as follows through pleading.

Criminal facts

Defendant

B shall be the Southern-gu Incheon Metropolitan City.

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