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(영문) 서울동부지방법원 2020.05.15 2019노1685
업무상과실치상등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (limited to eight months of imprisonment, 40 hours of completion of child abuse treatment programs, and 3 years of restriction on employment of child-related institutions) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The Defendant, while working as a child care teacher, continued to engage in mental and physical abuse on at least 30 occasions against the victimized children who are aged between 0 and 1 in each month, who are in need of approximately 5 weeks of treatment by occupational negligence.

The degree of injury inflicted on the victimized child due to the occupational injury of this case is very serious, and the degree of negligence of the accused is not weak.

In addition, each of the crimes of abuse in this case is an act that infringes on the physical and mental health of children not mature physically and mentally, and may have a significant impact on the growth and development of victimized children in the future, and its potential risk is very high.

The parents of victimized children seems to have suffered considerable mental suffering due to each of the crimes in this case.

However, on the other hand, the defendant acknowledges his mistake and has no record of criminal punishment.

The Defendant made efforts to recover damage in the past, and agreed with all parents of the victimized children.

In full view of the various sentencing conditions stipulated in Article 51 of the Criminal Act along with these circumstances, the sentence of the lower court is deemed to be too unreasonable.

Therefore, the defendant's assertion is with merit and prosecutor's argument is without merit.

3. In conclusion, the part of the judgment below against the defendant among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed and the defendant's appeal is judged as follows.

Criminal facts

The summary of the evidence and facts constituting the crime recognized by the court and the summary of the evidence.

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