아동복지법위반등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall be 120 hours.
1. The lower court, within the scope of the trial of this Court, dismissed the prosecution against each of the assaults in the facts charged of this case, and convicted each of the offenses against the law of the branch of children (child abuse), each of the special assaults, and the injury.
However, since the defendant appealed from the judgment of the court below on the grounds of mental disorder and improper sentencing, and the prosecutor did not appeal the dismissal part of the public prosecution, the dismissal part of the judgment of the court below is determined separately, and only the remaining guilty part is subject to the judgment of the court
2. Summary of reasons for appeal;
A. The Defendant was suffering from mental illness at the time of committing the instant crime, and was in a state of mental and physical weakness by drinking.
B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.
3. We examine ex officio prior to the judgment on the grounds for ex officio appeal, and the judgment of the court below has the following history of reversal (Provided, That the defendant's assertion of mental or physical disorder is still subject to the judgment of the court regardless of the grounds for reversal ex officio, and the following is examined). The prosecutor of the amendment of the indictment at the time of the trial of the case, which changed the "act of physical abuse detrimental to the physical health and development of the child" to the "act of emotional abuse detrimental to the mental health and development of the child" as the "act of physical abuse detrimental to the mental health and development of the child" under Article 1-A of the facts charged of this case, and since this court was changed to the subject of the judgment by permitting this, the court below found the defendant guilty of the remaining facts charged except for each assault against the defendant including the facts charged before
B) Since the lower court, among the facts charged in the instant case, dismissed a public prosecution on each of the assault charges, the lower court’s inconsistency between the relevant legal provisions and the applicable legal provisions, the pertinent legal provisions and punishment for the crime of 1.