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(영문) 대법원 2018.02.08 2017도21441

아동학대범죄의처벌등에관한특례법위반(아동학대치사)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the defendant was in a state of mental disorder at the time of each crime of this case is not a legitimate ground for appeal.

Examining the various circumstances that form the conditions for sentencing indicated in the record, such as the Defendant’s age character and character, intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, and the circumstances after the crime, the determination of the lower court’s sentence that sentenced the Defendant to 12 years’ imprisonment with prison labor cannot be deemed extremely unfair, even in light of the circumstances asserted by the Defendant and the defense counsel.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.