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(영문) 서울고등법원 (춘천) 2013.03.27 2012노236

폭력행위등처벌에관한법률위반(상습상해)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant has a duty to protect and rear victims as he/she began living together in the marriage relationship with D in fact, and therefore, he/she has a duty to protect and rear victims.

Nevertheless, the victims of her age continued life for three months, and the victims E, who are merely 12 years of age, assaulted for the reason that water is not spreading, which eventually led to the death of the victims.

In the above process, there is no need to express the psychological or physical pain that flick victims flocked with English language.

On the other hand, the defendant was living for the escape of 6 years, instead of reflecting his mistake.

Considering these circumstances, it is inevitable to strictly punish the accused.

On the other hand, there is no criminal record except a fine for the defendant, and this case is a so-called as a result aggravated crime that the defendant intentionally does not intend to kill the victim, and the victim E's mother does not want to punish the defendant for the first time in the trial, and there is a favorable circumstance for the defendant, such as the fact that the defendant gives birth to the second child between D and D and is raising within the current confinement facility.

In addition, in full view of the age, character and conduct, environment, and other circumstances revealed in the argument of this case, the sentence of imprisonment with prison labor of the court below for five years against the defendant is too heavy or unreasonable in the scope of proper sentencing.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

2. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act since all of the appeal filed by the defendant and the prosecutor are without merit.

Provided, That in accordance with Article 25 (1) of the Rules on Criminal Procedure, it shall be ex officio.