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(영문) 대구지방법원 2019.09.06 2019노2546

아동복지법위반(아동학대)

Text

1. The part concerning Defendant B among the judgment below is reversed.

Defendant

B shall be punished by imprisonment for a year and four months.

(b).

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (2 months of imprisonment, 10 months of imprisonment, and 80 hours of order to complete a child abuse treatment program; 1 year and four months of imprisonment, and 80 hours of order to complete a child abuse treatment program) is too unreasonable.

2. It is recognized that the Defendants’ degree of abuse, such as the use of violence against the victim, etc. was serious, and that the physical and mental suffering and suffering of the victim seems to have been significantly significant, that the Defendants did not receive the victim from the victim, that the victim was still unable to take care of the victim, that Defendant B was the father of the victim, that Defendant A was the victim’s leader, that Defendant B was the victim’s leader, that Defendant B was very bad, and that Defendant A committed the instant crime during the period of repeated crime, and that Defendant A committed the instant crime, including once a sentence for this crime, had been punished twice during the period of repeated crime, and that Defendant B had a criminal record of having been punished three times including a suspended sentence for this crime.

However, since the court below recognized all of the crimes of this case from the court below, the defendant Eul recognized all of the crimes of this case from the court below, and against the defendant Eul during the trial, there is no same kind of criminal record, the defendant Eul did not have any criminal record, and the defendant Eul suffered cerebral typy, etc. from the victim and there is a son with intellectual disability 1 in addition to the victim, and it seems that it is necessary to care of the defendants, such as cerebral typhism, and her no lebalthy, and in particular, it seems that there is no person to rear the above child except the defendant Eul who is a maternal son.

In addition, the defendant's age, character and conduct, environment, family relationship, and the motive and background of the crime.