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(영문) 수원고등법원 2019.10.10 2019노239

아동복지법위반(아동학대)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for three years and six months, orders to complete sexual assault treatment programs and child abuse treatment programs, each of 40 hours, three years of employment restriction orders, and 15 years of personal information registration), which the court below sentenced against the defendant, is too unreasonable.

2. The following circumstances are favorable to the Defendant: (a) the Defendant recognized that the instant crime was committed; (b) there was no record of criminal punishment against the Defendant; (c) the Defendant tried to perform the minimum obligation and responsibility as father of the victims by continuing to transfer the child support even after the Defendant divorced with his wife; and (d) the Defendant is obliged to support the father whose health is not good for the aged.

However, the defendant committed physical abuse over a long period from August 2015 to February 2018 against the victims who were his children, and committed indecent act on two occasions during the period from January 2018 and on February 2018, and the quality of the crime is not good in light of the contents and methods of the crime. The age victims suffered significant physical and mental shock and pain due to the defendant's crime in this case, and it seems that considerable time and effort would be needed to overcome the situation. The defendant did not receive a letter from the victims, and the victims or their mother were punished with severe punishment against the defendant, and there was no change in the sentencing conditions compared to the sentencing conditions of the court below since the court below did not submit new sentencing data, and there was no reason to view that the defendant's punishment exceeded the reasonable scope of discretion, and there was no reason to view that the above defendant's punishment was unfair.

3. Conclusion.