아동복지법위반(아동학대)
The prosecutor's appeal is dismissed.
1. The decision of the court of first instance against the accused in the summary of the grounds for appeal (the imprisonment of six months, the suspension of execution of one year, and the taking of child abuse treatment programs at 40 hours) is too uneased and unreasonable;
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the circumstances alleged by a prosecutor are deemed to have been considered as both the grounds for sentencing at the court of first instance, and there is no fundamental change in the sentencing conditions compared to the first instance court. Moreover, considering all other circumstances, including the Defendant’s age, character and behavior, the environment, motive and background of the offense, means and consequence of the offense, and the circumstances after the offense, which form the conditions for sentencing as indicated in the instant records and arguments, such as the circumstances after the offense, even if the sentencing at the court of first instance is too unobcied, and thus, it is not determined that the sentencing at the court of first instance reaches the extent that it
3. Since the appeal by the public prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.