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(영문) 인천지방법원 2014.08.27 2014노2237

아동복지법위반

Text

All the judgment below is reversed.

Defendants shall be punished by imprisonment for eight months.

However, from the final date of this judgment.

Reasons

The Defendants asserted that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.

In full view of all the sentencing conditions and the defendants in the records and arguments of this case, the sentence of the court below is too unreasonable in light of the fact that the defendants were first offenders and are in depth.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following is ruled again

Application of Statutes

The defendants' criminal facts and the summary of the evidence recognized by this court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 71(1)2 and Article 17 subparag. 6 of the Child Welfare Act, Article 30 of the Criminal Act and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision on the Grounds for Appeal);