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(영문) 울산지방법원 2016.04.28 2016노349
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant has 40 hours' child abuse.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (eight months of imprisonment and forty hours of order) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The crime of child abuse in this case, which is determined, continuously exposed children under his protection and supervision, such as giving mycoa or maximum food as meal service, to the non-sanitary meal environment.

B. The defendant has received false subsidies or appropriated subsidies in the course of operating a child-care center, and also committed a crime by deceiving money from many parents or embezzlement of funds.

In light of the content, method, period, etc. of abuse, it is necessary to impose strict liability on the defendant in that the crime is not less complicated, and the parents of the victimized children appeal a great mental suffering, and they want to impose severe punishment on the defendant.

However, in full view of the fact that the defendant's mistake is recognized by all, it is against the defendant, that the amount of the illegal or useful subsidy, the amount of the fraud, and the amount of the embezzlement is not much much, and that the defendant returned 3 million won in total according to the order of the competent authority to return the subsidy in the first instance trial, that the defendant was subject to the disposition of revocation of the qualification for the head of the child care center (child care teacher) during the investigation process as well as the defendant voluntarily discontinued the child care center in the course of the investigation process, that there is no criminal record against the defendant, and that other various sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, and circumstances after the crime, the punishment imposed by the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled as follows after pleading.

[Judgment] Summary of facts constituting an offense and evidence.]

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