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(영문) 인천지방법원 2017.07.14 2017노1203
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)
Text

The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A Imprisonment with prison labor for one year, and Defendant B for a fine of 15.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: imprisonment with prison labor for 2 years; order for a child abuse treatment program to be completed 80 hours; fine for 20 million won for Defendant B; and fine for 2 million won for Defendant C) imposed by the lower court on the Defendants is too unreasonable.

B. Each sentence sentenced by the court below to the Defendants is too uneasible and unfair.

2. Determination

A. Defendant A’s child care teacher committed a physical and emotional abuse against a large number of victimized children over a considerable period of time.

In light of the negative thoughts that victimized children were committed by the Defendant, and the influence of the Defendant’s sentiments was on the Defendant’s act, the crime of abuse committed by the Defendant is very poor, in view of the fact that it is difficult to expect the victimized children to properly resist or defend themselves.

The mental standing of the victimized children under the age due to the instant crime is not only likely to remain even after their growth, but also the instant crime is committed by the parents of the victimized children who believed the Defendant and sent the victimized children to the child care center.

Until now, the victimized children and their families have been suffering from considerable mental suffering, and the defendant has not yet agreed with the AV and H parents among the victimized children.

Considering these circumstances, the criminal liability of the defendant is not against the law.

However, the defendant recognized the crime of this case, and took depth of his mistake, and was detained for about 10 months in this case, and seems to have been given an opportunity for reflective and self-esteem.

The Defendant agreed with the parents of AD and AC among victimized children, and the Defendant agreed to excessive consent between the parents of Y, N, and X and expressed the Defendant’s intention not to punish the Defendant.

b)in addition,

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