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(영문) 대구고등법원 2016.04.21 2016노42

아동학대범죄의처벌등에관한특례법위반(아동학대치사)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case is deemed to result in the death of the Defendant by physically treating the Defendant under the pretext of guiding the victim who is a son and son and son and son of the five years of age and walking on several times, and the responsibility for the crime is very heavy.

The crime of this case is not suitable in that the defendant's income, which is not good for the health of the victim, can be said to have been lost in raising the victim. However, the crime of this case can not be used in the case in that he takes the minor life of the victim who cannot be viewed in any circumstance, including his parents.

On the other hand, the Defendant committed the instant crime with contingency and reported it to 119 immediately after the commission of the crime.

The Defendant is an initial criminal with no record of crime, and the Defendant committed a crime against the wrongness while committing the crime, and it seems that prior to the instant crime, he had been living relatively in good faith for the support of his family members.

Family members are expected to suffer from considerable difficulty in living due to the absence of the defendant, and family members, including the wife, children, and his/her daughters, have taken care of the defendant's vessel.

In full view of all circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court is determined to be within the appropriate range of sentence corresponding to its liability, and it does not seem that the sentence imposed by the Defendant is too heavy or unreasonable.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.