(영문) 전주지방법원 2018.08.23 2018노774 | 리걸엔진

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(영문) 전주지방법원 2018.08.23 2018노774

아동복지법위반(아동학대)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Improper sentencing of the Defendant - The lower court’s punishment is too heavy.

B. Prosecutor’s improper sentencing - The lower court’s punishment is too minor.

2. We examine each of the Defendant and the Prosecutor’s arguments below judgment.

The crime of this case is committed by the defendant who is responsible for the health and safety of training children and who is responsible for cultivating the child in a correct manner as the head of the police agency. The nature of the crime is not good. However, it is not limited to the type of the defendant's use, and there are circumstances that can be taken into account in the course of punishing the victim. The defendant expressed his/her intention that the victim and his/her parents do not want the punishment of the defendant in the trial by endeavoring to recover damage, the defendant is the primary offender, and the defendant's age, sex, sex, environment, motive and means of the crime of this case, relationship with the victim, circumstances after the crime, etc., and all other circumstances that form the conditions for the argument and the sentencing specified in the records of this case, such as the crime of this case, are inappropriate.

Therefore, the defendant's improper argument of sentencing is accepted, and the prosecutor's improper argument of sentencing is not accepted.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the decision is rendered again after pleading (in the event that the prosecutor's appeal is rejected but the defendant's appeal is accepted and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed separately in the order). The summary of criminal facts and evidence against the defendant recognized by the court is identical to the description corresponding to each corresponding column of the judgment of the court below. Thus, it is accepted in accordance

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

유사 판례

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