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(영문) 광주지방법원 2018.12.06 2018노1901
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment, 40 hours of completion of child abuse treatment programs) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

Children's school is a serious crime that may affect the growth and development of victimized children in the future as it is an act that infringes on the physical mental health of a child in a psychological and physical development.

While the Defendant, as a child care teacher, is in a position to protect the children who are in charge of the child in question, the Defendant committed each of the crimes of this case by committing physical and emotional abuse against the victimized children who are only one year old and only one year old and one year old, which is unable to resist their own defense, due to lack of self-defense ability.

The crime of this case seems to have suffered considerable mental impulses and mental sufferings by the parents who are responsible for the victimized children and victimized children to the child care center.

On the other hand, the following conditions are favorable.

The Defendant is an initial offender who had no record of punishment prior to the instant case.

For the first time, three parents among four victimized children have reached an agreement.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is deemed unfair because it is too unreasonable, and thus, the Defendant’s assertion is reasonable and difficult to accept the Prosecutor’s assertion.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court.

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