2015No262 A. Violation of the Punishment of Violences, etc. Act (Habitual Violence)

(b) Violation of the Punishment of Violences, etc. Act;

(c) Violation of the Child Welfare Act (Habitual child abuse);

(d) Violation of the Child Welfare Act;

(e) coercion;

(f) Violation of the Punishment of Violences, etc. Act;

1. (a) . (c) Ra, A

2. A. (c) (f) B

Both parties

The current status of prosecution, Kim Jong-sung (Public trial)

Attorney Q, R, and S (for Defendant A)

Attorney T (Korean National Assembly for the defendant B)

Changwon District Court Decision 2014Ra2965 Decided January 13, 2015

May 14, 2015

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for not less than two years and six months.

Defendants order each of them to complete a child abuse treatment program for 160 hours.

1. Summary of grounds for appeal;

The defendants asserted that the punishment sentenced by the court below (the defendants: the completion of the child abuse treatment program with 1 year and 6 months of imprisonment each year and 80 hours of imprisonment) is too unreasonable, and the prosecutor asserts that the above punishment sentenced by the court below is too uneasible and unfair.

2. Determination

It is recognized that the Defendants recognized all of the crimes of this case and against each of the crimes of this case, there is no history of criminal punishment, judgment or understanding, etc., which tend to be unable to cope with the situation appropriately far away from the fact that there is a tendency that they could not properly cope with the situation. In the case of Defendant B, the husband and the husband have been separated from each other, and the Defendant A, supported a baby and raises children who are not good health due to urology, etc.

However, the Defendants asserted that there was an act of violence against the victim on the ground that the victim's behavior was frightened and boomed. However, the Defendants did not seem to have a significant influence on the victim's family relationship with the victim. However, considering the following circumstances: (a) the Defendants were unable to engage in harm to the victim; (b) on the ground that the victim was frighten and brightened due to enormous weather, etc.; (c) the Defendants were unable to engage in an act of abuse; and (d) the Defendants were unable to engage in an act of abuse on the part of the victim; and (d) the Defendants were unable to engage in an act of abuse on the part of the victim; and (e) the Defendants were unable to engage in an act of abuse on the part of the victim, such as the victim's physical condition and mental condition; and (e) the Defendants were likely to engage in an act of abuse on the part of the victim; and (e) the Defendants A were able to have a considerable degree of harm to the victim's guardian and guardian's own responsibility to protect the victim.

3. Conclusion

Since the prosecutor's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

【Discretionary Judgment】

Criminal facts and summary of evidence

The gist of facts constituting an offense acknowledged by this Court and the gist of evidence shall be as stated in the respective columns of the judgment below (Article 369 of the Criminal Procedure Act). Application of Acts and subordinate statutes

1. Article applicable to criminal facts;

A. Defendant A: Article 2(1)1 of the Punishment of Violences, etc. Act; Article 260(1)1 of the Criminal Act; Article 2(2)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act; Article 324 of the Criminal Act; Article 72, Article 71(1)2 of the Child Welfare Act; Article 17 subparag. 3, 5, and 6 (a) of the Child Welfare Act; Article 3(1)1 of the Punishment of Violences, etc. Act; Article 260(1)1 of the Criminal Act; Article 260(1)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Punishment of Violences, etc. Act; Article 324 of the Criminal Act; Article 71(1)2 of the Child Welfare Act; Article 17 subparag. 3, 57 of the Child Welfare Act; Article 260(1)2 of the Punishment of Violence, etc. Act; Article 7(1)7)2 of the Criminal Act

Defendant A: Articles 40 and 50 of the Criminal Act / [Article 40 of the Punishment of Violences, etc. Act (joint injury) and Child Welfare Act / Crimes of Habitual Child Abuse and Child Welfare Act / Crimes of Habitual Child Abuse and Child Welfare Offense of Child Welfare

Defendant B: Articles 40 and 50 of the Criminal Act (a violation of the Punishment of Violences, etc. Act (joint injury) and a violation of the Child Welfare Act (Habitual child abuse))

3. Selection of punishment;

Selection of each imprisonment with labor for a violation of the Punishment of Violences, etc. Act (joint injury), a violation of the Child Welfare Act (Habitual child abuse), and a violation of the Act on the Punishment of Violences, etc. (Habitual Child Abuse)

4. Aggravation for concurrent crimes; and

Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

5. Order to complete programs;

Defendants: Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes

The presiding judge, judge and assistant judge;

Judges Song Jong-soo

Judges Kim Gin-soo