아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (one year and six months of imprisonment, three years of suspended execution, 40 hours of completion of child abuse treatment programs, 4 years of employment restriction on child-related institutions) declared by the lower court is deemed to be too uneasible and unfair.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In light of the following: (a) there is no new circumstance to change the sentence of the lower court in the trial; and (b) the reasons for sentencing as stated by the lower court are as follows: (a) comprehensively taking into account the Defendant’s age, character and conduct, records of the crime, motive or circumstance of the crime, and circumstances after the crime, etc., as indicated in the lower court’s and the trial proceedings, the sentence imposed by the lower court
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.