2015No3120 Violation of Child Welfare Act

A

Both parties

Public trial, which is held by a person with a leaptable (prosecution) or in a leaptable;

Law Firm BI, Attorney BJ, BK

Busan District Court Decision 2014Dadan941 Decided August 27, 2015

February 5, 2016

All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant

1) misunderstanding of facts or misapprehension of legal principles

A) The Defendant did not have committed the same act against the victim as indicated in the instant facts charged.

B) Even if not, it does not constitute a emotional abuse prohibited under the Child Welfare Act, since it is limited to the level of guidance and decoration for the victim, which does not go beyond the scope of teachers’ educational authority.

2) Unreasonable sentencing

Even if not, the punishment of the judgment below (2 million won) is too unreasonable because it is too unreasonable.

(b) Prosecutors;

The punishment of the lower judgment is too uneased and unreasonable.

2. Determination

A. Judgment on the mistake of facts or misapprehension of legal principles by the defendant

1) Article 29 of the former Child Welfare Act (amended by Act No. 11002, Aug. 4, 201) provides that “an act of emotional abuse causing harm to a child’s mental health and development” as a prohibited act against a child under subparagraph 1, and separately provides that “an act of emotional abuse causing harm to a child’s mental health and development” under subparagraph 3, “an act of emotional abuse causing harm to a child’s mental health and development.” From among the act of causing damage to a child, an act of causing harm to a child cannot be presented unless it is detrimental to the mental health and development of the child,” and the language and text of each of the above provisions, an act of subparagraph 3 is deemed to refer to an act of emotional abuse without accompanying the exercise of tangible power, but it does not amount to physical damage, and “an act of emotional abuse causing harm to the mental health and development of the child” under subparagraph 1 of Article 29 of the same Act provides that “an act of emotional abuse involving a child’s mental health and development, as well as an actual occurrence of such risk or possibility.

2) In light of the above legal principles, the court below's finding the defendant guilty of the facts charged of this case on the ground that the court below's finding the victim's misunderstanding or misunderstanding of legal principles is sufficiently acceptable, based on the evidence duly admitted and examined by the court below's judgment as witness E, witness I of the court below and the court below as the victim's mother, witness I of the court below as the victim's assistance witness, and witness J as the victim's assistance witness of the court below and the court of the court below as the victim's assistance. In light of the circumstances, contents and methods of the crime of this case, it can be proved that the defendant committed emotional abuse that may harm the mental health and development of the victim. Thus, the court below's finding the defendant guilty of the facts charged of this case on the ground of the reasons stated in its holding. Therefore, the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is without merit (not directly related to the facts charged of this case, but the defendant strongly refused to make the victim's assistance in the so-called party. However, the defendant's testimony did not present circumstances.

B. Determination on the assertion of unreasonable sentencing by the defendant and prosecutor

However, as the court below properly admitted Q Q’s end2, the influence of the lower court, such as teachers and parents, on children, is absolute. All arche children have a strong sense of responsibility for children. In particular, if she is a child’s elementary school teacher, then she would have no end up. As to the role of her teacher, she is not easy enough for our society to have all her parents contact with each other so as to prevent any her children from overcoming. However, we want that our society can make it possible for her children to take contact with each other through her teachers, and thus, we can improve low-quality errors and train her children so that she can receive training. The direct division of her mother is equal to that of her mother in the future.”

On the other hand, the fact that the continuous and serious emotional abuse of a child flag is not overcoming, and the emotional 4) may cause a serious physical disease (i.e., immunodeficiency disease5) when a child becomes an adult with strong suppression, is proven as many medical cases. Thus, education cannot be conducted in the way of the educator. The act of this case more than six times of the defendant is an emotional abuse without doubt, and must be legally and legally liable. The court below accepted the validity of the punishment after consideration and deliberation of the conditions of the defendant and the victim and the sentencing. Thus, the defendant and the prosecutor's assertion against this is without merit.

3. Conclusion

Therefore, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition (However, since the "Child Welfare Act" in the "application of the law" among the reasons of the judgment of the court below is a clerical error in the "former Child Reinstatement Act (amended by Act No. 12361, Jan. 28, 2014)", the "Child Welfare Act" in Article 25 (1) of the Rules on Criminal Procedure is correct ex officio pursuant to Article 25 (1) of the Criminal Procedure Act.

The assistant judge of the presiding judge;

Judges Kim Tae-jin

Judges Cho Jin-jin

1) Article 17 Subparag. 3 of the current law provides that “an act of physical abuse that may injure a child’s body or injure a child’s physical health and development” (Article 17 Subparag. 5).

The Act on the Protection and Development of Children's Mental Abuse, which causes harm to the mental health and development of children, is defined respectively.

2) “A Teacher eternity; he canver never eel ebblops.”

3) Whofe Dou, - BL works to you, - Doz.

4) negative assessments, such as, inter alia, labor, decentralization, and inorganic pressure.

5) A patient’s immunity causes damage to the body and body system of cryp and body by attacking the patient’s body and further causes damage to the body and body of the patient, such as eye, gyp, ne, skin, internal organs, livers

injury to institutions.

6) If it appears that it is not physical body, “M copyright”.