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(영문) 수원지방법원 2017.06.22 2016노8206

아동복지법위반(상습아동학대)등

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant recognized the mistake of the defense counsel, it is unreasonable for the lower court to impose an order to attend the lecture for child abuse treatment for 3 years of suspended execution, observation of protection, and 80 hours in 1 year and 6 months of imprisonment, which is too unreasonable.

B. In light of the fact that the instant crime committed by the prosecutor was committed by the Defendant habitually against three children, who are children, and the nature of the crime is not good, and the risk of additional damage to the victimized children is high, the sentence of the lower court is too uneasible and unreasonable.

2. The crime of this case is deemed to have committed physical abuse by assaulting the victimized children who are children several times, and the nature of the crime is not good. The defendant's act is an act of infringing the physical mental health of the victimized children with psychological and physical development, which may affect the growth and development of the victimized children in the future, and thus, is likely to have a considerable risk. Meanwhile, the defendant's mistake is recognized and against the defendant, there is no record of criminal punishment, the victimized children H and friendly group Ha of the victimized children and the victimized children expressed their intention that they do not want to be punished by the defendant. The effect of the prevention of recidivism can be expected through the observation of protection ordered by the court below, etc. The defendant's age, sexual behavior, environment, degree of damage, motive and circumstance of the crime, etc., and all of the sentencing factors stated in the records and arguments of this case, such as the records and arguments of this case, are judged to be appropriate, and the above judgment of the court below is not justified.

3. Conclusion, the appeal by the defendant and the prosecutor are without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.