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(영문) 대전지방법원 2017.11.01 2016노3681
아동복지법위반(아동학대)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal doctrine and misunderstanding the victim F's entry, the defendant merely examined the victim F's entrance, and did not have to put both fingers into the victim's entrance and ear to ear, and there is no relation between the defendant's act and the victim's symptoms deepening the victim's internal infection.

In addition, the illegality of the defendant's act is excluded as a legitimate act because it is necessary to confirm that the victim's life-sustaining disease is doubtful.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below as to the assertion of misunderstanding of facts and legal principles: ① the victim appears to have been affected by the victim's injury to ear in the investigative agency and court of the court below; ② the J, I, and H stated in the court of the court below that "the defendant should have taken the defendant's injury to son, while she should put him into her, put him into his fingers and her fingers in the court of the court of the court below" (Article 157, 160, 164, 168 of the trial record); ③ The victim's injury to her body was found to have been affected by the victim's injury to her body, and the victim's injury to her body was not caused by the victim's injury to her body on the day of the first instance court of the first instance, and the victim's injury to her body on the 3rd day after the victim's injury to her body.

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