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서울중앙지방법원 2015.10.16 2015노2413

아동복지법위반

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1. The judgment of the court below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

3. Child abuse by the accused.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (e.g., e., e., e., e.

2. The defendant has no criminal history of imprisonment without prison labor or heavier punishment.

However, the crime of this case committed by the defendant, as his father, has to rear the victimized children healthy and safely in accordance with their growth period, and has no physical suffering or mental suffering such as verbal abuse (see Articles 3 and 5 of the Child Welfare Act). The crime of this case committed by the defendant has committed physical and emotional abuse and educational neglect against him for a long time, and the crime is not very good.

In particular, up to the trial, it is confirmed that the victimized children still have not been fully recovered from the negative impacts caused by the Defendant's crime, and it seems that there seems to be a way to separate the Defendant from them in order to help the Defendant recover.

In addition, the court below determined that the scope of sentence recommended by the Supreme Court Yangyang Committee regarding the instant crime was “six months to one year and six months” and considered it in light of the sentence decision, but it is more reasonable to regard the scope of sentence of recommendation as “one year to eight years”.

[The crime of this case is "child abandonment and abuse under the Child Welfare Act," and thus constitutes "serious abandonment and abuse (type 2)" under the Sentencing Criteria for Arrest, Confinement, Abandonment, and Abuse Crimes. Since there are special persons under special circumstances, "a case where multiple victims or have committed a crime repeatedly over a considerable period of time", the scope of the punishment scope falls under the aggravated area (one year and two years), and the final scope of the punishment is calculated as above, since the criteria for processing three or more multiple offenders are applied. The motive, means, and results of the crime of this case, the defendant's age, character, environment, health status, etc.