beta
Text
All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The court below found Defendant B and A guilty of the facts charged in the instant case, although the act of the Defendant B and B do not fall under “the act of mistake of facts or misunderstanding of legal principles (hereinafter referred to as “the act of physical abuse detrimental to the physical health and development of a child, or detrimental to the physical health and development of a child,” and “the act of emotional abuse detrimental to the mental health and development of a child,” under Article 17 subparag. 3 and 5 of the Child Welfare Act. The court below erred by misapprehending facts
B. Unfair sentencing 1) Each sentence (two years of suspended execution of one-year imprisonment for each of the defendants A and B, 40 hours of taking the Child Abuse Treatment Manual, and 7 million won of fine) declared by the court below is too unreasonable. 2) The above sentence imposed by the court below to the defendants is too uneasible and unfair.
2. Determination
A. Defendant B and C’s misunderstanding of facts or misapprehension of legal principles; 1) As to the part of the act of physical abuse, “an act of abusing a child’s body” prohibited by Article 17 subparag. 3 of the former Child Welfare Act (amended by Act No. 12361, Jan. 28, 2014) refers to an act of causing a negative physical change to the extent equivalent thereto even if the physical integrity of the child is harmed by exercising physical force against the child’s body or it does not reach the degree of “injury” which causes harm to the physiological function of the child.
(See Supreme Court Decision 2015Do6781 Decided May 12, 2016, etc.). However, when the Child Welfare Act was amended by Act No. 12361 on January 28, 2014, Article 17 Subparag. 3 of the Child Welfare Act was amended to “the act of physical abuse that may harm a child’s body or injure a child’s physical health and development,” “the act of physical abuse” prohibited under Article 17 Subparag. 3 of the Child Welfare Act is not only the act of causing a negative change to the child’s body, but also the act of causing a negative change to the child’s body to the extent equivalent thereto.