미성년자유인등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the 6-month suspended sentence of imprisonment) is too unfortunate and unfair.
2. The crime of this case was committed by the Defendant by forging a report on the transfer of the name of the victim, resulting in a planned infringement of the victim’s right to care and custody, and inducing D by infringing upon the victim’s right to care and custody. In light of the circumstances of the crime, details of the crime, etc., the nature of the crime is not somewhat weak.
However, the Defendant recognized all the crimes of this case, and against his mistake.
The defendant, as his father and mother, committed the instant crime in order to care for his father and wife well, and there are circumstances to consider the motive and circumstance of the crime.
A injured person does not want to be punished against the defendant.
From this case to the trial of the party, the defendant has raised D and the defendant and the victim are expected to cooperate in the bringing-up environment for D in the future.
A defendant has no record of criminal punishment, not only once sentenced to a fine for an alien crime, but also sentenced to criminal punishment.
In addition, the lower court, after proceeding the instant case in accordance with the citizen participation trial procedure, sentenced the Defendant to the sentencing opinion presented by the jury. Although the jury’s opinion on sentencing in the citizen participation trial only has a recommended effect, it is also necessary to consider that the jury’s opinion should be respected in light of the purpose of introducing the system to enhance the democratic legitimacy and trust of the judiciary by reflecting the trial procedure and the outcome of the citizen’s common sense and experience.
In addition, in full view of the Defendant’s age, sex, environment, family relationship, motive and background of the offense, means and consequence of the offense, etc., all of the sentencing conditions as shown in the argument of the instant case, and the scope of the recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court.