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(영문) 창원지방법원 2016.11.09 2016노1823
아동복지법위반(아동학대)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of one million won, and forty hours after completing child abuse treatment programs) declared by the court below is too unhued and unreasonable.

2. The crime of this case is one of the favorable circumstances where the defendant committed the crime of this case with the victim (the age of eight), who is his own child, and the crime of this case is not good, but the crime of this case is not good. However, the defendant's recognition of and reflects on his own crime, the defendant was trying to admonish the victim, who is his child, and the degree of the crime is likely to have been passed. The victim and the mother of the victim did not want punishment against the defendant, and the victimized child appears to have been living a normal life after this case, and the defendant is the first offender who has no criminal record.

In full view of the above circumstances and other circumstances, including the background of the instant crime, the Defendant’s age, environment, health conditions, and circumstances after the instant crime, etc., the sentence that the lower court rendered cannot be deemed to be too weak.

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

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