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(영문) 대법원 2021.02.04 2020도16038

아동학대범죄의처벌등에관한특례법위반(아동학대치사)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining various circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age and character environment, relationship with the victim, motive means and consequence of the instant crime, and the circumstances after the crime, etc., even in light of the circumstances asserted in the grounds of appeal, the lower court’s sentence of imprisonment with prison labor for 12 years cannot be deemed as extremely unfair.

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by mistake or misunderstanding of the legal principles as to mental and physical weakness is not a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.