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(영문) 서울남부지방법원 2015.07.17 2014노1910
아동복지법위반
Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. Summary of grounds for appeal;

A. In terms of misunderstanding of facts and misunderstanding of legal principles, the Defendant recognized the fact that a minor hole has occurred in the view of the victimized child, as he or she gets a handker with the view of the victimized child, which is set up in the items of the victimized child, and is prone to be seen as a shotle, as he or she shotly shakes the view of the victimized child, but such an act cannot be evaluated as a bodily injury or abuse.

Therefore, physical damage under the Child Welfare Act occurred.

The defendant's series of acts is a justifiable act that does not deviate from social norms.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. According to the following circumstances acknowledged by the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts and misapprehension of legal principles, i.e., the injured child's body photographs have shown in a clear hole country on the part of the victimized child, and the degree of injury suffered by the victimized child continues for a week, and the degree of injury suffered by the victimized child cannot be deemed to be negligible. Article 3 subparagraph 7 of the Child Welfare Act provides that "child abuse means that "child, including a guardian, does harm the child's health or welfare or commits physical, mental or sexual violence or cruel acts that may impede normal development of the victimized child, and abandons or neglects the child by his/her guardian." Article 17 subparagraph 3 of the Child Welfare Act prohibits a child's physical abuse against a person under 18 years of age (i.e., a child), and the Child Welfare Act only protects the victimized child for a harmonious and harmonious development of the child, and thus, the child needs to be protected more than that of the adult under the Child Welfare Act.

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