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(영문) 대전지방법원 2016.06.15 2016노776

아동복지법위반(아동학대)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. It is recognized that there are circumstances that can be considered to the defendant, such as the fact that the defendant made efforts to recover damage, such as the preparation of medical expenses for victimized children, all of the crimes of this case, and the fact that the defendant is the first offender who has no record of punishment.

However, the act of abuse committed by the defendant is very bad to the nature of the crime that undermines the health development of the child, and the degree of such act is less severe.

It could not be said that there was abuse of victimized children for a long time.

As a result, physical and mental damage suffered by victimized children is very high.

In light of the circumstances such as the fact that the victimized child appears to have been in need of more protection due to intellectual disability, it is reasonable to place the accused with severe punishment.

Comprehensively taking account of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.