아동복지법위반(아동학대)
All appeals filed by the defendant and prosecutor are dismissed.
1. The gist of the grounds for appeal asserts that the Defendant is too unfasible to the punishment (one year of imprisonment and 80 hours of completion of child abuse treatment programs) declared by the lower court, and that the prosecutor is too unfased and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The circumstance is that the Defendant committed the instant crime during the period of suspended execution, and that the Defendant is likely to recommit a crime in drinking conditions due to a large number of criminal records due to drinking driving, etc.
However, considering the fact that the defendant confessions and reflects, and the victim does not want the punishment of the defendant, it cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.