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(영문) 의정부지방법원 2020.06.25 2018노3186
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)등
Text

The judgment below

Among the guilty part against Defendant A and the acquitted part, it is listed in No. 2 No. 3 of the List of Offenses.

Reasons

1. Summary of grounds for appeal;

A. According to the erroneous determination of facts (the acquittal part against Defendant A) and each act of the Defendant taken by the witness J and the CCTV, the Defendant may fully recognize the fact that the Defendant committed emotional abusive acts against the victimized children, such as the statement Nos. 2 1, 3, 6, and 9 of the List of Crimes. Therefore, the acquittal part against Defendant A in the judgment of the lower court is erroneous in misunderstanding of facts (the acquittal part against the Defendants in the judgment of the lower court), and the judgment of the lower court (the guilty part against the Defendants in the judgment of the lower court) is unreasonable.

B. The sentence of the lower court is too unreasonable.

2. Determination

A. The judgment of the court below on the prosecutor's assertion of mistake of facts 1) The summary of this part of the facts charged is difficult to view that the defendant committed a crime listed in No. 2 No. 1 of the attached Table No. 2 of the crime committed in the annexed Table No. 3,6, and No. 9 as stated in the attached Table No. 2, No. 1, No. 3, 6, and 9 between the first police officer from early May 2017 to June 30, 2017, and committed a child abuse crime against a child under the care of the person liable to report child abuse by committing emotional abuse, which harms the mental health and development of victims who were taken care of the child at the above child care center. 2) on the grounds as stated in its reasoning, the court below acquitted the defendant on this part of the facts charged, on the ground that it is difficult to view that the defendant committed a crime listed in the annexed Table No. 2, No. 3, 6, and 9 of the crime committed at once.

3) Article 17 of the Child Welfare Act provides for “an act of abuse that causes damage to a child’s body” in subparagraph 3 as a prohibited act against a child, and separate provisions.

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