아동복지법위반(아동학대)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment, two years of suspended sentence, and forty hours of an order to attend a child abuse treatment program) is too uneased and unreasonable.
2. The crime of this case, even though the father of the victim who is the father of the victim who has the responsibility and obligation to protect and rear the victim, physically and mentally abused the victim physically by inflicting bodily harm on the victim by suffering from flaging his hair, neck, arms, etc. over two occasions, such as flag, and thereby treating the victim. In light of the circumstance and method of the crime, the crime of this case is inferior, and the fact that the crime of this case appears to have suffered a large mental pain due to the crime of this case, etc., are disadvantageous to the defendant.
However, the fact that the defendant seems to have the attitude to recognize and reflect the crime, and that the victim seems not to be punished against the defendant is a favorable condition for the defendant.
In full view of the circumstances favorable to such unfavorable circumstances as the defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and other circumstances that are the conditions for sentencing as shown in the pleadings, even if considering all the circumstances unfavorable to the defendant, the court below’s punishment cannot be deemed unfair because it is too unfasible, and thus, the prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.