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(영문) 대전지방법원 2019.08.07 2018노1744
아동복지법위반(아동학대)
Text

The judgment of the court below is reversed.

The Defendants are not guilty. The summary of the judgment is publicly announced.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s assertion 1) misunderstanding of facts and misapprehension of legal principles (criminal facts No. 1)

(a) and (b)

(B) The Defendant’s act of having committed the same act as indicated in the facts charged, and did not constitute emotional abuse. 2) The Defendant’s act does not constitute emotional abuse. The Defendant’s punishment (one million won of fine) sentenced by the lower court of unreasonable sentencing is too unreasonable and unfair.

B. Defendant B’s assertion 1) misunderstanding of facts and misunderstanding of legal principles as an act of emotional abuse, which does not constitute an act of emotional abuse, and even if such act constitutes emotional abuse, the Defendant fulfilled his duty to supervise and supervise the work of A, an employee. 2) The sentence (2 million won of a fine) imposed by the lower court on the Defendant is too unreasonable.

C. The prosecutor's assertion that each of the above types of punishment sentenced by the court below to the defendants is unfair.

2. Ex officio judgment (Article 1-3 (c) of the Fact of crime);

A. The summary of the facts charged is that the Defendant: (a) around 15:03 on June 30, 2017, the Defendant: (b) caused the Victim G to attend the class of “free selection activity” at D Kindergarten EM classes located in Seo-gu, Seocheon-gu, Seocheon-gu; (c) caused the Victim G to organize toys by leaving the son left behind the classroom alone; (d) allowed the rest of the son to gather the son in front of the religious order; and (e) let the son look at the son on a daily basis; and (e) allowed the son to take toys at around 15:46 without having the son attend the next class without having the son attend it.

B. The lower court determined that the Defendant’s act constitutes emotional abuse and convicted him of this part of the facts charged.

(c) Decision 1) Article 17 Subparag. 5 of the Child Welfare Act provides for relevant legal principles.

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