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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
except that this judgment.
Reasons
The summary of the grounds for appeal by the Defendants is that the punishment (the completion of the child abuse treatment program for 10 months and 40 hours of imprisonment, Defendant B: the completion of the child abuse treatment program for 8 months and 40 hours of imprisonment) declared by the lower court is unfair due to the excessive restriction, but it is examined ex officio prior to the determination of the grounds for appeal.
Although Article 71(1)2 and Article 17 subparag. 3 ( statutory penalty: imprisonment for not more than five years or a fine not exceeding 30 million won) of the former Child Uniforms Act (amended by Act No. 14925, Oct. 24, 2017; hereinafter the same shall apply) (amended by Act No. 14925, Apr. 25, 2018), the lower court applied Article 71 subparag. 2 and Article 71 subparag. 2 and Article 17 subparag. 3 of the current Child Uniforms Act at the time of the act against the Defendants, the lower court erred by misapprehending the legal doctrine and thereby adversely affecting the conclusion of the judgment.
Therefore, the judgment of the court below shall be reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading as follows.
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 71(1)2 and Article 17 Subparag. 3 of the former Child Uniforms Act, Article 30 of the Criminal Act concerning criminal facts
1. Article 62(1) of the Criminal Code of the Republic of Korea (the Defendants are the first offender with no previous criminal records, and the Defendants do not commit such crimes again.
In addition, it is necessary to take into account the fact that their errors are pened in depth.
1. Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes committed by each of the Defendants attending lectures;