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(영문) 서울고등법원 2018.04.12 2017노3037
아동학대범죄의처벌등에관한특례법위반(아동학대중상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, although the defendant committed a child abuse crime, resulting in the danger to the life of D, which is a child, resulting in the disease of D, and committed an act of neglecting the basic protection and treatment of D, which is under his own protection and supervision, in collusion with the husband B, the court below acquitted all of the facts charged of this case, which is erroneous in the misapprehension of facts.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant, as the husband and wife B and, from January 26, 2015, took care of D (here, 22 months as of September 22, 2015, i.e., one person E) as the entrusted custody period of one year, and took care of them together.

1) Around September 22, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes (Child Bodily Injury) caused D (22 months) to do so at the dwelling space located in the Non-02 dwelling space in Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City (F. 22 months) for the Defendant’s husband and wife, and three son and son and son already boomed D to drink boom boom boom she was waiting to do so, on the ground that D was not well drinking. D was able to do so on the ground that she was boomed with the body of D by putting her hand between two frights and stronging D, and caused D to do so by any other person’s implementation of her daily life, such as frighting fright, frighting frighting, pneing frighting frighting, pneing frighting flad, etc., which had no open two conditions.

Accordingly, the defendant committed a child abuse crime, resulting in a danger to the life of D, who is a child, and resulting in a fatal disease of D.

2) The Defendant violated the Child Reinstatement Act (child abandonment) along with B, is the above Defendant between January 26, 2015 and September 22, 2015.

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