아동복지법위반(아동학대)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The gist of the grounds for appeal by the defendant is that the defendant's appeal is unfair because it is too unreasonable due to the court below's punishment (eight months of imprisonment, forty hours of order to complete program). The prosecutor's ground for appeal is that the above punishment by the court below is too unfeasible and unfair.
2. The instant crime on the grounds of appeal is deemed to have been committed by the Defendant in the vicinity of the playground in the apartment complex with violence against three children and one female. The victims, due to each of the instant crimes, are deemed to have caused considerable shock and fear in mind as well as physical damage, and such crime may be adversely affected in the course of the growth of the victims who are children.
The defendant was unable to receive a letter from the victims, and the damage was not recovered.
However, from around May 2012, the Defendant suffered from sulgic and sulphic mental illness, and thereby, the Defendant appears to have committed each of the instant crimes in the state that he lacks the ability to discern things or make decisions due to the damage network, exchange behavior, aggressiveness, etc., and there is no particular criminal history other than being sentenced to a fine for an injury in 2015. In light of the Defendant’s health condition as seen earlier, the observation and treatment order more effectively appears to be more effective for the suppression of recidivism than the Defendant’s punishment, taking into account the following factors: (a) the Defendant’s age, sex behavior, motive and attitude of the crime, and the circumstances after the crime, etc.; and (b) the sentence imposed by the lower court is too unfair, taking into account all the sentencing conditions as shown in the records and the theory of changes.
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading (the prosecutor’s appeal is without merit, but the defendant’s appeal shall be accepted.