아동복지법위반등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of one year and four months, and Defendant B shall be punished by imprisonment with prison labor of eight months.
except that this shall not apply.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (defendant A: imprisonment with prison labor for a year and April, and Defendant B: imprisonment with prison labor for a period of eight months) is too unreasonable.
2. In light of the fact that the crime of this case is not good for the Defendants to commit the crime of this case, such as the fact that the Defendants were not guilty of rape, and that there is a need to strictly punish the Defendants, taking into account the fact that the crime of this case is a crime that infringes upon the State’s criminal justice function and lacks the risk of unfair punishment.
However, on the other hand, the defendants recognize the crime of this case and reflects the mistake in depth, there is no record of criminal punishment before Defendant A, and Defendant A has no record of criminal punishment heavier than a fine before. Defendant A is a disabled person of Grade II with intellectual disability, and the degree of type used at the time of the act of violating the Child Uniforms Act is relatively minor; the crime of this case did not result in the actual criminal punishment; the Defendants must support the children born out of the prevention of this case; the Defendants must support the children; and other various sentencing conditions specified in the records and arguments, such as the background of the crime of this case, the age of the defendants, sexual conduct, environment, etc., are recognized as unfair because the court below's punishment against the defendants is too excessive and unfair. Thus, the Defendants' assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendants is all reasonable.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Article 71(1) of the Child Uniforms Land Act of Defendant A