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All appeals filed by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. It is unreasonable that Defendant A’s punishment (two years of imprisonment for a term of one-year suspension of execution, one hundred and twenty hours of community service, and forty hours of lecture attendance) is too unreasonable.
B. Defendant B (1) misunderstanding of facts) Defendant B did not neglect due care and supervision for the prevention of child abuse while operating a child-care center. The judgment of the court below convicting Defendant B, which affected the conclusion of the judgment, is erroneous by misunderstanding of the facts and misunderstanding of the judgment of the court below. 2) The sentence of unfair sentencing (5 million won in fine) is too unreasonable.
C. The lower court’s sentence against the Defendants by the prosecutor is too uneasible and unreasonable.
2. We examine the grounds for appeal against Defendant A and the prosecutor against Defendant A at once.
In light of the sentencing factors favorable to Defendant A, such as the fact that the child victim of this case has reached six persons, the total number of times reaches 17 times, etc., and the crime of this case was committed against a child who is unable to properly protect himself, and the act of abuse by Defendant A is causing serious harm to the emotional stability of the child, and the nature of the crime is bad, and the sentencing factors unfavorable to Defendant A and the mistake of Defendant A are divided later and later, Defendant A plans to treat the emotional adjustment while engaging in another occupation, and there is no previous criminal offense against Defendant A, etc., it cannot be said that the sentence of the court below is too heavy or unreasonable in light of the sentencing factors favorable to Defendant A, such as the fact that Defendant A has retired from her child care center and has no criminal record.
Ultimately, we cannot accept all the allegation of unfair sentencing against Defendant A and the prosecutor.
3. Judgment on Defendant B
A. Article 74 of the Child Welfare Act provides that “The representative of a corporation, or an agent, employee or other worker of a corporation or an individual shall be the same as that of the corporation or the individual.”