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(영문) 서울서부지방법원 2018.03.29 2017노1517
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) Fact-finding or misunderstanding of legal principles as to emotional abuse committed by a victim H (1)

1. A. (1) There is no fact that the Defendant involved in the act described in this part of the facts constituting the crime referred to “snicking, smelling, making a hole, ....” over twelve occasions to the victim H.

Even if the Defendant told the victim H as above.

Even if this means only the last day of the endeavoring to educate the victim H who was unable to properly live due to the weakening of the surrounding land due to the weakening of the entrance, and does not reach the degree of harm to the mental health and development of the child to the extent corresponding to the physical abuse. Thus, it does not constitute emotional abuse.

(2) Criminal facts in the judgment below

1. A. (2) The defendant involved in the act described in paragraph (1) send the victim H as a toilet;

ACC (Supplementary communication apparatus; hereinafter “ACC”) practice is sent to a toilet for efficient ACC practice as a space separated from ACC practice due to audio-visual materials being shown in a classroom at the time.

The actions taken to do so are legitimate exercise of the right of education, but does not constitute emotional abuse.

(3) Criminal facts in the judgment below

1. A. (3) Criminal facts as stated in the judgment of the court below relating to the acts mentioned in paragraph (1)

1. A. (3) The act described in paragraph (1) is an act which was prosecuted as an pet physical abuse, and the facts charged were changed at the lower court’s trial.

The defense counsel of the defendant does not constitute physical abuse in the statement of reasons for appeal.

The grounds of appeal are asserted (11th page of the grounds of appeal). This seems to be an excessive argument for the modification of the above facts charged, but it is to be judged by misunderstanding of facts or misunderstanding of legal principles related to emotional abuse.

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