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(영문) 수원지방법원 2014.11.27 2014노2661
아동복지법위반
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (one million won of a fine) is too unhued and unfair.

However, the crime of this case was committed by a defendant who was employed as a social work personnel at a child care center, and the victim E (six years of age) committed an act such as taking the victim's child who was under the age of 6 and returned to a low time, taking the victim's age over, and preventing him/her from sustaining it. As such, since the defendant who is the guardian of the victimized child committed an abuse that damages the victim's body, it is not good that the crime is committed.

However, considering the fact that the degree of injury suffered by the victimized child is relatively minor, the fact that the victimized child was committed by the Defendant in the course of preventing other children from avoiding disturbance at the time, there are circumstances that may be considered in light of the background and motive of the crime, that the assistance of the victimized child is too difficult for the investigative agency to refer the victimized child to the victimized child, and that the Defendant expressed his/her desire to take the measures against the accused, that the Defendant is the primary offender, that the mistake is recognized, that is against the fact that the victimized child is recognized, and all other circumstances that are the conditions of the sentencing specified in the instant case, it cannot be said that the sentencing of the lower court is too unjustifiable.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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