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(영문) 전주지방법원 2018.12.21 2018노1317
아동복지법위반(아동학대)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts as to guilty portion and misunderstanding of legal principles) (1) This part of the facts charged did not specifically specify the date, method, and frequency of the crime.

(2) Although there was a fact that the Defendant had inflicted a farming death on the victim D, the Defendant did not engage in abusive acts, such as taking a bath or assault by doing a farming act, and the victim F did not engage in abusive acts, such as taking a farming death, etc.

Nevertheless, the lower court erred by misapprehending the legal doctrine and misunderstanding the facts charged on the sole basis of the statements of the victims with no credibility and their references.

B. A prosecutor (1) misunderstanding of facts (1) , while living together by the defendant, has committed emotional abuse;

The act of forcing the victim D, who is merely 14 years of age, to leave a house or preventing a school from being located, is "an act of neglecting the basic protection, rearing and education of children under his/her protection and supervision," and constitutes an act of neglect under the Child Welfare Act.

(2) The sentence of the lower court that is unfair in sentencing (2 million won in penalty) is too unhued and unfair.

2. Judgment on the defendant's assertion

A. As to the facts charged, the facts charged should be stated clearly by specifying the time, date, place, and method of a crime (Article 254(4) of the Criminal Procedure Act), and the purport of the law demanding the specification of the facts charged is to facilitate the exercise of the defendant’s right of defense. As such, the facts charged are sufficient if the facts constituting the elements are stated to the extent that it is recognizable from other facts by comprehensively taking account of these elements. Even if the date, place, etc. of the crime are not specifically indicated in the indictment, it is inevitable to generalize them in light of the nature of the crime charged, and if it does not interfere with the defendant’s exercise of his/her right of defense, the contents of the indictment are specified.

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