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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In determining the facts, Defendant 1 did not agree to raise the victims who are F and F’s relatives, did not physically abuse the victims, and even though the Defendant’s return of the money that he borrowed from F to F was not the victim’s child support, the lower court’s finding the Defendant guilty of the facts charged in the instant case constitutes an unlawful act of mistake of facts. 2) The sentence of the lower judgment on unreasonable sentencing (three years of imprisonment) is too unreasonable.
B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.
2. Determination
A. As to the Defendant’s assertion of mistake of facts, Articles 40 subparag. 2 and 29 subparag. 3 and 4 of the former Child Welfare Act (amended by Act No. 11002, Aug. 4, 201) and Articles 71(1)2, 17 subparag. 5 and 6 of the Child Welfare Act punish “ emotional abuse that may harm the mental health and development of the child,” and “an act of abandonment of a child under protection and supervision of the child, or neglect of basic protection, rearing, medical care and education, including food, clothing, etc.” Meanwhile, according to Article 2 subparag. 3 of the former Child Welfare Act and Article 3 subparag. 3 of the Child Welfare Act, “guardian” means a person who actually protects and supervises the person with parental authority, guardian, person who has a duty to protect, rear or educate the child or a person who has a duty to do so, or a person who actually protects and supervises the child through the relationship of business or employment, etc. of the witness and the witness evidence duly adopted and investigated by the lower court.
① Around September 2006, the Defendant came to know of F around 1006, and began to live together with F from October of the same year with F in a de facto marital relationship, and began to live together with G (H), I (J) and K (L).
At that time, the Defendant and F began to operate a restaurant around June 2008, and the restaurant is operated.