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(영문) 서울북부지방법원 2017.01.13 2016노2357

아동복지법위반(아동학대)등

Text

The defendant's appeal is dismissed.

Reasons

1. The penalty sentenced by the original court (one year and six months of imprisonment) which has been pronounced by the gist of the reasons for appeal is too unreasonable;

2. In light of the fact that the defendant recognized the crime of this case as well as his depth and reflects on it, even if the defendant was found to have committed the crime of this case, the degree of child science representative suffered by the victims living together with the victim, and the defendant was investigated by a specialized child protection agency after receiving a report of abuse from the victims around February 2015. Thus, the defendant committed a continuous crime of abuse by rationalizing his wrong behavior with the doping that affected his behavior even though he had the opportunity to correct and reflect his behavior, and the crime of child abuse is not only physical pain and mental impulse but also may have a significant impact on the formation of a normal personality of the victimized child in the future. The defendant abused victims even though he had been punished 17 times or more due to violent crime, and committed the crime of this case with excessive or sawing to the police station, and thus, the sentencing of the court below is highly likely within its reasonable scope of discretion. In light of the circumstances such as criticism.

In addition, there is no change in sentencing conditions that can be newly considered in the trial.

Therefore, it is not recognized that the punishment of the judgment below is too unreasonable because it is too large.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.