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(영문) 전주지방법원 2017.11.17 2017노1225
아동복지법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not have committed physical abuse against the victims, the lower court which convicted the victims of the instant facts charged erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

B. The sentence of the lower court (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is the Defendant, who had lived before around December 2014, who was the father of the Victim C (V), and the Victim D (V), and who had protected and nurtured the victims.

1) On December 2014, 2014, the Defendant: (a) on December 12, 2014, at the home of the Defendant’s house located at Nos. 110 and 704, Jinjin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City, 110 Do 110 Do 704, the Victim’s hand floor was 4 times, and the head was 3 times.

B) The Defendant: (a) on December 2014, 2014, on the ground that the victims are prone at the same place as the above paragraph A; (b)

Rings said that they should be punished, “I am off and her clothes, enter a bath room,” and let the victims get off his clothes, and her clothes into a bath room in the bath room, and brut the shower brush 1-3 part of the victims’ body.

2) On January 26, 2015, the Defendant committed the crime on January 26, 2015, 2015: (a) took time at the place of the Defendant’s shop at the lower level at the place referred to in paragraph (a) of Article 1-1; (b) the victim’s two handss of the victims several times on the ground that the victims did not boom at the place of the Defendant’s shop at the lower level; and (c) continued to read, “the victims are off and taken off clothes” to the victims, so that the victims may get the victims into a bath room in which the victims would be out of and take a bath for their clothes, and then spread the shower to the body of the victims.

Accordingly, the defendant committed a physical abuse that may injure the body of a child or injure the physical health and development of a child three times.

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