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(영문) 인천지방법원 2016.11.23 2016노3634
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)등
Text

The judgment below

The part against the Defendants is reversed.

1. Defendant B shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (unfair punishment)’s punishment (limited to eight months of imprisonment and 80 hours of order to complete a child abuse treatment program) is too unreasonable.

B. Defendant C1) misunderstanding of facts and misunderstanding of legal principles within the scope of the founder’s authority under the Private School Act, Defendant B and Co-defendant A, who is a child care teacher, was acquitted of the reasons and convicted of the rest of the facts charged (two years of suspended execution, etc. in August). However, both Defendant A and the prosecutor did not appeal, and the judgment against Defendant A became final and conclusive. Nevertheless, the lower court erred by misapprehending the facts or misapprehending the legal principles to prevent child abuse.

2. The crime of this case against Defendant B’s assertion is an unfavorable circumstance that the crime of this case requires strict punishment by habitually assaulting eight victimized children who need to be protected and considered as a kindergarten infant care teacher and committing emotional abuse, and by failing to reach an agreement with most parents of victimized children.

However, when Defendant B was in the trial, all of the crimes of this case were led to confession, and against his mistake, and the facts charged were withdrawn at the original trial, and no 71 case No. 31 of the crime committed by Defendant B was sentenced to acquittal. No. 73 of the crime committed by Defendant B was sentenced to acquittal. Of these, the above parents agreed upon with the parents of the victimized child M [the 53 victimized children], and the above parents did not want punishment of Defendant B, and other favorable conditions, such as the age, character, character, occupation and environment of Defendant B, motive and circumstance leading to the crime of this case, and circumstances after the crime, etc., are all the sentencing conditions indicated in the records and arguments of this case.

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