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The judgment below
The guilty part shall be reversed.
Of the facts charged in the instant case, emotionally regarding victimized children I.
Reasons
1. Summary of grounds for appeal;
A. As to Defendant 1’s emotional abuse on February 16, 2015 against misunderstanding of facts and misunderstanding of legal principles, Defendant 1 proved by strict evidence that the Defendant displayed an unsatisfed image to I.
It can not be seen that the defendant's act constitutes a emotional abuse that can be assessed to the same extent as the injury, abandonment, or neglect of the child's body.
Therefore, the judgment of the court below which found the defendant guilty on this part is erroneous in the misapprehension of facts and legal principles.
2) The lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.
B. Considering the basic ideology of the Child Reinstatement Act, which is to consider the interests of the prosecutor (misunderstanding of the legal principles), the part of the judgment below which acquitted is erroneous in the excessive interpretation of the emotional abuse and physical abuse under the Child Welfare Act.
2. Determination
A. Article 17 subparag. 5 of the Act on the Punishment of Children’s Child Abuse provides that “ emotional abuse that may injure the mental health and development of a child” refers to an act of emotional abuse or emotional abuse without accompanying the exercise of tangible force, but does not reach physical damage. This includes not only where the mental health and normal development of a child is practically impeded, but also where there is a risk or possibility of causing such a result (see Supreme Court Decision 2015Do1348, Dec. 23, 2015). In addition, when comprehensively considering the legislative system, etc. of the Child Welfare Act, which provides that the Child Welfare Act shall be punished as the same statutory penalty, such as physical and emotional abuse and abandonment and neglect, “ emotional abuse that may injure the mental health and development of a child,” and “the emotional abuse that has caused harm to the mental health and development of a child,” and “the emotional attitude and attitude of determining a child by thinking the child and causing an object,” is normal.