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(영문) 대구지방법원 2018.11.08 2018노1960
아동복지법위반(아동유기ㆍ방임)
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. A bus was on board at the time of misunderstanding the facts or misunderstanding the legal principles

G is not an assistant teacher, and there is no compelling the defendant to leave a victimized child, and as in this case, G may not punish a victimized child temporarily who is a female student of the sixth grade in an elementary school at the request of the mother of the victimized child as a neglect under the Child Welfare Act.

Nevertheless, the court below erred by misunderstanding the facts and misunderstanding the legal principles, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (an amount of eight million won) is too unreasonable.

2. Determination

A. The following facts are acknowledged according to the evidence duly admitted and examined by the lower court, which was based on the misapprehension of the legal doctrine or misunderstanding of the facts.

A) At the time of the instant case, the Defendant, at the same time, was in a position to manage the field experience events of all 194 students, who were 6th 7th 7th 19 and 194th 7th 7th 19.

B) The Defendant and the victimized children wish to have the victimized children go to the Ampa toilet when the 7 buses start in Daegu and became an independent commemorative hall in the astronomical area.

was made.

The Defendant stated that a bus driver would stop a bus on the side, but the bus driver could not put up a bus due to the high risk of accidents when stopping on the side, and caused the damaged child to take advantage of a vinyl and treat it behind the bus driver, together with other female students on the side.

C) The victimized child arrived at the F Rest and talks with the mother of the victimized child at the toilet at the time, and talks with the Defendant, who is the mother of the victimized child, to put the victimized child at the F Rest.

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