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(영문) 의정부지방법원 2018.04.03 2017노3305
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) In the facts charged against Defendant X’s misunderstanding of the facts and misapprehension of the legal principles, among the facts charged against Defendant X, Defendant X did not constitute emotional abuse, and the judgment of the court below convicting Defendant X of this part of the facts and misapprehension of the legal principles.

2) Each sentence of the lower court against the Defendants’ assertion of unfair sentencing ( ① Defendant A: 2 years of suspended sentence of 3 years of imprisonment; 320 hours of community service; 40 hours of lectures for child abuse treatment; ② Defendant X: suspended sentence of 2 years of suspended sentence of 8 months of imprisonment; 2 years of community service; 240 hours of child abuse treatment; and 20 hours of child abuse treatment lectures) is too unreasonable.

B. Each sentence of the lower court against the Defendants by the Prosecutor is too unhued and unreasonable.

2. Determination as to Defendant X’s misunderstanding of facts and misapprehension of legal principles

A. The summary of the facts charged in this part of the facts charged is that the Defendant, around 10:39 on May 11, 201, 201, sited down the victim U (two years of age) in the front of the living room and then taken to the front of the victim’s toy.

In addition, as the victim has sys on the surrounding floor of the victim who re-influents the toy, the victim shall take the toy as soon as he/she had to do so.

In addition, the victim's leg was punished by hand, and the victim's leg was put in toy, thereby doing emotional abuse that may harm the mental health and development of the victim.

B. (1) Determination 1) Article 17 Subparag. 5 of the Child Uniforms Land Act provides that “ emotional abusive acts detrimental to the mental health and development of a child” includes not only the cases where the mental health and its normal development are impeded but also the cases where there is a risk or possibility of causing such a result. It does not necessarily require the purpose or intent of emotional abusive acts against the child, but it does not necessarily require any risk or possibility of undermining the mental health and development of the child due to its own act.

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