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(영문) 광주고등법원 (전주) 2019.06.11 2019노49
아동복지법위반(아동학대)등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for a term of two years and six months.

(b).

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (Defendant A: Imprisonment with prison labor for two years and six months, etc., Defendant B: fine of KRW 7 million) is too unreasonable.

Judgment

Defendant

The crime of this case with respect to A is an unfavorable circumstance to the defendant that he committed the crime of this case, when he works as a leader for the Megical training of the Philippines, committed an indecent act by force against the victim G (the 12-year old age), committed an assault against the victims by 11-year old including the above victim who believed and believed that he was born, and it is not very good that the crime was committed. The victims appear to have been committed by the defendant A at an open place, and the victims seem to have caused fear and sense of shame while they were assaulted by the defendant A at the open place, and some victims seem to have not gone out of the mental pain. The defendant did not receive a letter from the seven victims, and the defendant did not deny the crime in the court below, and the victims were required to attend the court of the court below and make a statement again after going through the experience of damage.

On the other hand, there are many cases where Defendant A recognized both the instant crime in the court and detained after the sentence of the lower judgment, and the depth of his mistake is divided, and the degree of indecent act is not more serious in the case of the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion by a minor under the age of 13), and the crime of violating the Child Welfare Act (child abuse) occurred in the course of leading victims to the violation of the regulations without any weighting the degree of assault except for some victims. In the lower court, the victim N, L, and this court expressed in the lower court that the victim N, G and the legal representative of the victim G and I expressed their intent that they do not want the punishment of Defendant A, and that there is no criminal record against Defendant A.

In addition, all kinds of sentencing, such as Defendant A’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime.

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