Text
The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of 1.5 million won.
The defendant above.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles 1) Of the facts constituting the crime in the judgment below, there is no record on the relationship between the child and the above child in the care log for the above child. Thus, there is no record on the relationship between the child and the child in the care log for the above child. Thus, the above child did not live in the care room as shown in this part of the facts charged.
2) As to Article 1-9 of the List of Crimes Attached to the crime in the judgment of the court below, R did not have a life in the G, as in this part of the facts charged, as in this part.
3) As to the crime Nos. 1-2, 10, 11, and 13 of the crime list No. 1-2, 10, 11, and 13 as indicated in the judgment of the court below, the above children did not live in a room of typ as stated in this part of the facts charged, and even if there were, it would be
4) Furthermore, it was difficult for children to freely enter the locked structure in the instant place, and was operated within the scope of the method necessary for children’s decoration. Even if there was a fact between children and children in the presence of the Defendant, it cannot be deemed as child abuse.
B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.
2. Ex officio determination
A. Before the judgment on the grounds for appeal to amend the bill of indictment was made, the prosecutor applied for the amendment of the bill of indictment as stated in the attached Table 1-12 and 14 of the crime committed in the judgment of the court below against the defendant in the judgment of the court below. Since this court permitted the amendment, the judgment of the court below against the defendant cannot be maintained any longer.
B. The facts charged (as indicated in the judgment of the court below, 1-1 of the annexed Table 1-4 of the List of Crimes) 1 of the facts charged are as follows. The facts charged in the indictment of the relevant legal principles are to be stated clearly so that the accused can be identified, such as the date, time, place, and method of the crime.