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(영문) 서울서부지방법원 2015.10.29 2015노1147
아동학대범죄의처벌등에관한특례법위반(상습폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the misunderstanding of facts, the Defendant did not commit any other physical abuse on January 12, 2015 due to a boomed boomed boomed by fraud on January 12, 2015.

B. The Defendant, by misapprehending the legal doctrine, brought money on one’s own on the part of the victim, constitutes a justifiable act by imposing a penalty on the part of the victim at his own expense.

C. The sentence of the lower court’s unreasonable sentencing (one year of imprisonment, one year of suspended execution, 40 hours of attending lectures for the treatment of domestic violence, and probation) is too heavy.

2. Determination

A. As to the assertion of mistake of facts, Article 3 subparag. 7 of the Child Welfare Act defines “child abuse” to mean that adults, including the guardian, do harm to the child’s health or welfare or engage in physical, mental, or sexual violence or cruel acts that may impede the normal development of the child, and that the protector of the child abandons or abandons the child. Article 5(2) of the same Act imposes on the protector, etc. the responsibility of the protector, such as physical pain or verbal abuse. Article 17 subparag. 3 of the same Act lists “the act of physical abuse which causes harm to the child’s body or causes harm to the physical health and development of the child,” and Article 17 subparag. 3 of the same Act lists “the act of physical abuse which is protected under the Criminal Act, but the Child Welfare Act protects the child’s health and welfare as its protected legal interest. However, in the case of the crime of abuse under the Criminal Act, only a person under 18 years of age is protected (i.e., a person under the protection or supervision of the child).

3 Also, the prevention of child abuse.

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