「아동학대범죄의 처벌 등에 관한 특례법」 전·후 판결 비교 - 아동학대 사망사건의 양형분석을 중심으로 -

The purpose of this study is to identify the tendency of judgment changes in the case of child abuse death and to suggest ways to improve the effectiveness of [Law on special cases of punishment of child abuse crimes] enacted in January 2014. In this study, we investigated 46 cases of child abuse deaths from 2000 to 2013, which were enacted before the Special Act on Child Abuse, and 20 cases of child abuse deaths from 2014 to 2017. The specific sentence comparisons were discussed focusing on the behavioral elements, assailant elements, and sentencing changes caused by judge 's discretionary factors. As a result, it was confirmed that the sentencing standards became strictly strict after the establishment of the special law. However, it was confirmed that the strictness of the guideline was based on the discretionary standards of the judge and the social issues rather than on the criteria of the special law. The United Nations Convention on the Rights of the Child (UN Convention on the Rights of the Child) needs to be applied directly to the need for amendment of the Special Act and the trial so that the punishment criteria for child abuse crimes can be clarified in the Special Cases Act. However, this study reveals that there are limitations that can only be analyzed selectively in case of public cases.