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(영문) 수원지방법원 2013.12.11 2013노3652
영유아보육법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 400,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) In the case of Child F, the guardian expressed his intention to continue to attend the child care center in this case, so that there was no intention to deny the receipt of subsidies on the child care information system, and there was no intention to do so. 2) In the case of Child H and I, the Defendant was present at the child care center in this case at least 11 days per month, and the Defendant did not receive a false subsidy.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 700,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In the case of Infant Care F, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the Defendant initially acknowledged the facts of the crime in this part by the investigation agency, ② there are no other circumstances to reject the credibility of the confession, ② the Defendant testified in the court below that there is no F child and her her her her her son at the child care center of this case for about four months from July 2012 to November 1 of the same year; ③ the her mother L is also the investigation agency to the court below to state that the said child is not in the child care center of this case; ④ whether the birth on the child care information system can only be made through the Defendant’s authorized certificate, and each her her her her her her her her son was present at the child care center of this case even though she did not have any her her her her her her son at the child care center of this case.

Therefore, this part of the defendant's assertion of mistake is without merit.

B. The summary of the facts charged is as follows: H and I of Child Care Child H and I of Child Care Child H and I (each J birth on September 2012) of Child Care Center.

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