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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.11.11 2015노2850
아동복지법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of the prosecutor's grounds for appeal;

A. The sentence of Defendant A (a fine of KRW 4 million) by the lower court is too unhued and unreasonable.

B. Defendant B1) misunderstanding of facts and misunderstanding of legal principles (not guilty part) are exposed to Defendant’s frequent abusive acts, thereby causing considerable physical and mental harm even if Defendant’s minor assault is committed. Thus, the Defendant’s act of not-guilty part in the lower judgment constitutes an act of emotional abuse that may harm the physical health and development of the child or the mental health and development of the child. Nevertheless, the lower court erred by misapprehending the facts or misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) The sentence of the lower court of unreasonable sentencing (a fine of KRW 1.5 million) is unreasonable, as it is too unffort.

2. The circumstances revealed by the lower court’s judgment on the prosecutor’s assertion of mistake of facts and misapprehension of legal principles as to Defendant B, and the following circumstances acknowledged by the evidence duly adopted and examined by the lower court: ① the act described in paragraph 1(a) of the part not guilty in the judgment of the lower court, namely, the act of entering the victim F side of the victim F side, making the victim F side of the victim, and making the victim F side of the victim, even if the victim’s head is broom due to the fact-finding; ② the act described in paragraph 1(b) of the part not guilty in the judgment of the lower court, in order to inform the victim G of the fact-finding at a dangerous place around the knife knife, the act of locking the victim G and closing the doors; ③ the Defendant opened immediately a door; ③ the act described in paragraph 1(c) of the part not guilty in the judgment of the lower court as to the victim H’s face to find the victim H as the victim’s head.

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