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(영문) 부산지방법원 2014.06.13 2014노377
폭력행위등처벌에관한법률위반(상습폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of the suspended sentence of a fine of KRW 5 million sentenced to Defendant B is too unfasible, which is sentenced to eight months of imprisonment, two years of suspended sentence, 120 hours of community service order, and a fine of KRW 5 million sentenced to Defendant B.

2. The crime of this case committed each of the crimes of this case in a three-month period from July 24, 2013 to November 7, 2013 by Defendant A, and at the same time, Defendant A habitually assaulted nine victims who were only one-third years of age at a child care center at the time, and committed emotional abuse on a total of 200 occasions, and the case is not weak. Defendant B, as the head of a child care center, committed the crime of this case over several times during the short period of time, but was negligent in giving due attention and supervision to Defendant A to the extent that he did not know it until the victim's parents occur. Although the degree of physical damage suffered by victims due to each of the crimes of this case is insignificant, it is difficult to view that the psychological measures suffered by the victims are insignificant if considering the relationship between the victims or the Defendants, etc.

However, all of the crimes of this case are recognized by the Defendants, and Defendant B made efforts to recover damage, such as agreement with the parents of seven victims, and submitted CCTV to an investigation agency as victims raised a suspicion of child abuse, and the parents of all victims expressed their intention to not punish the above Defendant, and there is no criminal record except that sentenced to a violation of the Parking Lot Act in 199, Defendant A agreed with six victims, and the parents of the rest victims except the victim K expressed their intention not to punish the above Defendant, and that there was no record of criminal punishment.

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