아동복지법위반(아동학대)
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. The sentence (one million won of fine, one year of suspended execution) imposed on the Defendant by the lower court is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. We examine the grounds for appeal by the defendant and the prosecutor.
The crime of this case is difficult to view that the defendant committed physical abuse of the victimized child who was under the age of seven on the ground that the victimized child who was under the course of taking lessons is not concentrating in the class because he did not take the part of the victimized child who was under the course of taking lessons as a lecturer, and that the victimized child who was under the age of seven was under the age of 10 times a week treatment for the victimized child for about one week, and that he was under the influence of causing bodily harm, such as the impairment of the character of the horse, strawing, etc., which requires medical treatment for the victimized child, and that the crime of this case was less than that of the victimized child at the time of this case.
However, considering the fact that the defendant shows the attitude of recognizing and opposing the crime of this case, there is no record of criminal punishment exceeding the punishment or fine imposed on the defendant for the same crime, and the wrong method is found to result in the crime of this case for the purpose of punishing the victimized child, and the degree of abuse for the victimized child is not severe, and the defendant seems to result in the crime of this case somewhat contingent in the course of punishing the victimized child, and the defendant's parent and the victim did not want the punishment of the victimized child in consultation with the victimized child in the trial, the court below's punishment is deemed to be unfair, taking into account various sentencing conditions as shown in the arguments, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, the means and consequence of the crime.
Therefore, the above argument of the defendant is reasonable, and the prosecutor's above argument is without merit.
3. Conclusion, the defendant.