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(영문) 부산지방법원 2019.11.22 2018노3470
아동복지법위반(아동학대)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant divided the date, time, and place of the instant facts charged into ordinary dialogues with the victim, and did not have any physical contact or threat with the victim. 2) Even if the Defendant committed the act indicated in the instant facts charged, the Defendant’s act does not constitute a emotional abuse under the Child Welfare Act, but did not intend to commit child abuse against the Defendant.

B. The Prosecutor’s sentence of the lower court (a fine of five million won) is too unhued and unreasonable.

2. Judgment on the mistake of facts or misapprehension of legal principles by the defendant

A. According to the evidence duly admitted and examined by the court below, the following facts are acknowledged.

1) The Defendant’s ASEAN and the instant victim C were enrolled in the fourth grade of D Elementary School around 2014. (2) The Defendant refused to attend the instant school after the commencement of a new semester around March 2015, and thereafter, the Defendant refused to attend the instant school from March 17, 2015 to March 17, 2015.

3. From April 2 to April 2, 2015

4. 24.) The Defendant alleged that B was subject to school violence at around 2014 from the victim (the age of 10 at that time) and that B was subject to school violence at around April 8, 2015, reported the above fact to the victim and the D elementary school accompanying the victim and B, and the Committee on Countermeasures against School Violence was held on April 24, 2015 (the Defendant reported that B was subject to school violence from the victim other than the victim, AE, and AB.

In the year of 2014, the victim took several actions to walk her m, m, B, etc. in the first semester. On December 2014, 2014, the victim asked his/her anti-gu in the same manner as A and asked his/her refusal to do so and expressed his/her intent to be subject to the above action to B, while recognizing that B did not want to attend and recorded his/her cell phone in the same way as B did not want to do so.

According to the meeting minutes of the above committee, there was a fact that it was said that B was trying to conduct a survey as to whether the victim was hospite for the hosity of B, and the witness stated that B was the victim with a vision and an insulting bath.

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