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(영문) 수원지방법원 2017.12.08 2017노4653
아동복지법위반(아동유기ㆍ방임)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to KRW 23 million) is too uneasy 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As no new data on sentencing have been submitted at the trial court, there is no change in the conditions of sentencing compared with the lower court’s judgment, and the circumstances for which a prosecutor claims for the reason of sentencing were alleged as unfair, are deemed to have already been reflected in the lower court’s sentencing grounds, and the Defendant appears to have reflected a mistake during the period of detention for a period of six months, and in full view of all other circumstances, such as the motive, means, and consequence of the crime, and the circumstances after the crime, etc., of the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, 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.

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