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(영문) 서울중앙지방법원 2019.07.12 2018노3038
아동복지법위반(아동유기ㆍ방임)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution) is too unreasonable.

B. In full view of the misunderstanding of facts, misunderstanding of legal principles, B, F, and victimized children’s statements, it is sufficiently recognized that the Defendant committed an act of unliability which impedes the sound growth and development of children due to the failure to provide appropriate interference to victimized children or not being in an in-depth manner, and constitutes an act of neglect which is prohibited under the Child Welfare Act. Nevertheless, the lower court rendered not guilty of this part of the facts charged, thereby erred by misapprehending the facts and misapprehending the legal doctrine. 2) The sentence imposed by the lower court of unfair sentencing is too uneasible and unreasonable.

2. Determination

A. As to the prosecutor’s assertion of mistake of facts and misapprehension of the legal principles, the court below, in full view of the following facts: (a) as one of the child abuse acts committed in a fluenent manner as a child abuse, and both physical, sexual and emotional abuse acts are punished equally; (b) as one of the child abuse acts intended to be punished by the Child Welfare Act, the term “act of neglect”, which is one of the child abuse acts committed by the Child Welfare Act, was deemed to be an act of abuse committed at a level equivalent to abandonment, physical, sexual and emotional abuse, which leads to blocking without creating fundamental conditions such as awareness that a child may enjoy happy life due to such act; and (c) the evidence submitted by the prosecutor on the grounds as stated in its reasoning was somewhat neglected in protecting and fostering the child.

Even if it is insufficient to deem that the act of abuse has reached the level of “refiscing” corresponding to the act of abuse, and there is no other evidence to acknowledge it.

Examining the above judgment of the court below closely by comparing it with the records, it appears that the judgment of the court below is justifiable, and contrary thereto, it interferes with the sound growth of children.

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