(영문) 의정부지방법원 2016.03.11 2016노47

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(영문) 의정부지방법원 2016.03.11 2016노47

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment) on the Defendant is excessively unreasonable, due to the summary of the grounds for appeal.

2. We examine the reasoning of appeal. The following facts are found to be a normal circumstance against the Defendant: (a) the Defendant committed each of the crimes of this case, such as repeating abusive acts, despite having been in a position to protect the children of the pertinent welfare facility as an employee of the child welfare facility; (b) the victimized children suffered physical and mental health harm due to abusive acts; (c) the victimized children’s parents appear to have suffered considerable mental impulse; (d) the victimized children did not agree with the victims until now; and (e) the parents of the victimized children continuously wanted to be punished by the Defendant.

However, in light of the following circumstances: (a) the Defendant has committed a crime in the first instance and is recognized as having committed a crime; (b) the Defendant’s mother L of the victim D and the victimO do not want to be punished; (c) the Defendant deposited KRW 2 million in the first instance trial for the victim G, the victim H, and the victim P; (d) one million won for the victim D and the victimO; (c) the Defendant has no record of criminal punishment; and (d) the Defendant’s age, sex behavior, intelligence and environment; (e) the means and consequence of the instant crime; (c) the degree of damage; (d) the means and consequence of the instant crime; (e) the degree of damage; (e) the circumstances after the instant crime; (e) the criminal records; and (e) the family relationship; and (e) other circumstances that are the conditions for the instant sentencing, it is unreasonable to maintain the sentence of the Defendant as it is because the sentence imposed by the lower court is somewhat unreasonable

3. In conclusion, the part of the judgment below against the defendant among the judgment below is reversed, and the defendant's appeal is reversed and it is decided again as follows after pleading, as the defendant's appeal is reasonable.

Criminal facts

The substance of the evidence and facts charged by the court.

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