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(영문) 부산지방법원 2017.05.26 2017노456
아동복지법위반(아동학대)등
Text

The judgment below

The part against the defendant shall be reversed.

The defendant 2016 High Order No. 4883, 1-A, 201.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was in a state of mental and physical loss or mental weakness by drinking while committing each of the instant crimes.

2) Punishments sentenced by the lower court (see, e.g., Supreme Court Decision 2016 High Order 4883No. 1-A)

(d) Each crime: Imprisonment with prison labor for a period of four months, with the order of 2016 senior group No. 4883-e.

(i)each offence and each offence listed in 2016 order 6532 of the judgment: Imprisonment with prison labor for a period of eight months) are too unreasonable;

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. According to the records on the Defendant’s assertion of mental and physical disorder, even though the Defendant was found to have dice to a certain degree at the time of each of the crimes of this case, in light of the Defendant’s usual drinking, the process and process of the crime, the means and method, the Defendant’s behavior before and after the crime, etc., the Defendant had no or weak ability to discern things at the time of each of the crimes of this case.

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. It is recognized that: (a) the Defendant and the prosecutor’s each argument of unfair sentencing regarding each of the unlawful determination of the sentencing of the Defendant and the prosecutor are examined together; (b) the Defendant separates his mistake; (c) the injury crime committed on August 9, 2012; and (d) the injury crime committed on November 18, 2016; and the injury crime committed on November 18, 2016; and (c) the punishment should be determined in consideration of equity with the case where each of the instant crimes is adjudicated simultaneously; and

However, the Defendant has been sentenced to a fine, suspension of execution, and punishment for a total of times due to violent crimes, and the Defendant, the mother of the victimized child, who is the mother of the victimized child, ought to look at each crime of violating the Child Abuse and Animal Protection Act, so that the victimized child can become a child in a healthy and stable family environment or a sound social member, is likely to physically and emotionally abuse the victimized child, and to be able to view whether the victimized child was a child at home.

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