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(영문) 서울동부지방법원 2018.12.06 2018노1265
아동복지법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

Summary of Reasons for appeal

A. Defendant 1) The misunderstanding of facts and the misunderstanding of legal principles do not constitute physical emotional abuse.

2) The sentence of the lower court (a fine of two million won by imprisonment) that is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

A. As to the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, the lower court also asserted the same as the Defendant alleged in this part of the appeal, and on so doing, the lower court rejected the said assertion in detail by providing a detailed statement of the judgment under the title “Determination on the Defendant’s and his defense counsel’

According to the evidence duly adopted and investigated by the court below based on the facts and circumstances, the judgment of the court below is just and acceptable. Contrary to the defendant's assertion, the court below did not err by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the defendant was the first offender who has no criminal history, and that the defendant had a miscarriage after the instant case.

However, although the defendant is a teacher of a music research institute that instructs the originals of five years of age and has a responsibility to provide the originals with a physical and emotional stability educational environment, he/she has committed physical abuse once for three months, committed 28 times in total on the part of the damaged originals, and committed emotional abuse on the part of 28 times in total on the part of the damaged originals, and the shock of the damaged originals caused by the abuse of this case seems not to be significant. Nevertheless, the defendant did not receive a letter from the parents of the damaged originals until now, and all other sentencing conditions specified in the argument of this case, such as the defendant's age, sexual behavior, environment, the content, motive, means and result of each crime of this case, and the circumstances after the crime, are considered.

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