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(영문) 청주지방법원 2016.08.18 2016노121
아동복지법위반(아동학대)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. Summary of grounds for appeal;

A. Regarding the facts constituting the crime No. 1-B as stated in the judgment of the court below, there is a fact that the defendant either injured or injured the victim D at the time and place as stated in the judgment of the court below.

However, the Defendant’s use of force to admonish the victim who was sexually bullying, and since the degree of injury to the victim is unhutiled, the Defendant’s act cannot be deemed as a physical abuse under Article 17 subparag. 3 of the Child Uniforms Act.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged. In so doing, it erred by misapprehending the legal doctrine and thereby adversely affecting the conclusion of the judgment (the Defendant, at the second trial of the first instance trial of the lower court, explicitly withdrawn the misapprehension of the legal doctrine as to Section 1-A of the facts constituting an offense as indicated in the lower judgment, and the assertion of mistake as to facts as to Section 2 of the facts constituting an offense as indicated in the lower judgment, based on the prosecutor’s changes in indictment as delineated below). (b) The sentence of the lower court

2. Determination

A. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds for an ex officio appeal, and the prosecutor committed the abuse of the victim’s body by taking the victim’s clocks into account at least 2 and 3 of Article 1-A of the facts charged against the Defendant.

“Absponsing the victim at one to two times,” the victim committed assault.

“Along with Article 260(1) of the Criminal Act, the phrase “on several occasions” of Article 2(2)3 and 4 of the facts charged shall be changed to “on one occasion,” and the phrase “Article 40 subparag. 2 and Article 29 subparag. 1 of the former Child Uniforms Land Act (wholly amended by Act No. 11002, Aug. 4, 201)” in the applicable law shall be deleted, and “Article 260(1) of the Criminal Act” shall be read as “A” under Article 260(1) of the Criminal Act, “A” of the same Act, and the part of Article 1(a) and (2) of the facts charged shall be changed to one another, and the subject of adjudication shall be the concurrent crimes under the former part of Article 37(1) of the Criminal Act.

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