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(영문) 수원지방법원 2018.07.17 2018노142
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment, two years of suspended execution, 120 hours of community service order, and 40 hours of child abuse treatment lectures) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Prior to the judgment on the grounds of appeal by the Defendant and the prosecutor ex officio, the prosecutor applied for amendments to the indictment with the phrase “any emotional abuse that may inflict physical harm on a child’s body or injure the physical health and development of a child” under Article 5 of the indictment, and the phrase “Article 71(1)2 and Article 17 subparag. 3 of the Child Uniforms Act” under the applicable law, “Article 71 subparag. 2 and Article 17 subparag. 5 of the Child Uniforms Land Act”, respectively, and the court below’s amendment to the indictment with the phrase “Article 71(1) subparag. 2 and subparag. 17 subparag. 5 of the Child Uniforms Land Act” was no longer maintained by the court to grant permission.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed, and the following is again decided after pleading.

【Grounds for the judgment in its entirety] Criminal facts and summary of evidence against the defendant recognized by the court in this case and the summary of the evidence are as stated in the corresponding column of the judgment below, except that the part of the court below's 5 criminal facts "any physical abuse that may injure children's physical health and development" is "any emotional abuse that may injure children's mental health and development." Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 7 and Article 10 (2) 12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses for the Crime and for the Selection of Punishment, etc., and Article 71 (1) 2 of the Child Welfare Act.

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