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(영문) 부산지방법원 2021.02.16 2020노2680
장애인복지법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the charges of misunderstanding the facts and legal principles, the Defendant’s act constitutes physical abuse in light of (1) 3, 5, 7, 10 through 13, and 15 each child’s abuse and assault against disabled persons at the end of the period specified in attached Table (2) 2-1, 6, 7, 9, 13 through 18, and attached Table (3) 1, 4 through 8, and attached Table (4) 1, 2, each child’s abuse and 3, and each child’s abuse against C and D at the end of the period specified in attached Table (3) 1, 2, 3, and 4, in light of the background and frequency of physical abuse, mode of conduct, statement of victimized children, etc. as indicated in the judgment of the court below.

Nevertheless, the lower court rendered a not-guilty verdict on this part of the facts charged on a different premise. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion

B. The sentence of the lower court’s unfair sentencing (two years of suspended sentence in October, and forty hours of lectures to prevent the recidivism of child abuse) is deemed to be too uneasible and unfair.

2. Determination

A. Determination of misunderstanding of facts and misapprehension of legal principles 1) The summary of this part of the facts charged is as follows: (A) the Defendant committed an assault on the body of a disabled person, such as (1) 3, 5, 7, 10 through 13, 15, and 2-1, 6, 7, 9, 13 through 18, 13, 2-1, 3-4, 4: 1, 200, 3: The physical abuse of a child as shown in the judgment of the court below, 1, 3: the physical abuse of a disabled person, such as (2) 3, 5, 7, 10 through 13, 15, 15: the physical abuse of a child as shown in the judgment of the court below, and (3) the physical abuse of a disabled person, 1:00,0000,0000 children, 2:1:6:00,000 children, and 1:6:000,0.

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