(영문) 춘천지방법원 2017.01.19 2015노1334 | 리걸엔진

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(영문) 춘천지방법원 2017.01.19 2015노1334

아동복지법위반(아동학대)

Text

The judgment below

The part against the defendant shall be reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (2 million won suspension of sentence) is deemed unreasonable because it is too uneasible.

2. Before making a judgment on the grounds for ex officio appeal, the lower court ex officio examined the grounds for appeal, and applied “Article 71(1)2 and Article 17 subparag. 3 of the Child Reinstatement Act” to Article 71(1) through (e) of the instant facts charged.

However, the current Child Uniforms Act was partially amended by Act No. 12361, Jan. 28, 2014; and came into force from September 29, 2014, Article 17 Subparag. 3 changed into “the act of abuse causing physical injury to a child or undermining the physical health and development of a child.” As such, Article 71(1)2 and Article 17 Subparag. 3 of the former Child Uniforms Act (amended by Act No. 12361, Jan. 28, 2014) should apply to each crime described in subparagraph (a) through (e) of Article 17 of the former Child Uniforms Act, which was committed before September 29, 2014.

Therefore, the judgment of the court below is erroneous in the application of laws and subordinate statutes, which affected the conclusion of the judgment, and each crime listed in paragraph (1) of the facts charged in this case shall be sentenced to a single punishment as a concurrent crime under the former part of Article 37 of the Criminal Act. Therefore, the judgment of

3. In conclusion, the part of the judgment of the court below against the defendant is reversed, and the part of the judgment of the court below against the defendant is reversed under Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper argument of sentencing, and it is again decided as follows through pleading.

【Grounds for another judgment】 The facts constituting the offense against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below. Thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 71 of the former Child Uniforms Act (amended by Act No. 7154, Dec. 1, 201)

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