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(영문) 서울동부지방법원 2017.05.19 2016노1427
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing), the attitude of the instant crime, the recovery of damage, the attitude of the Defendants after the commission of the crime, etc., each of the punishments (in the case of Defendant A: 2 years of suspended execution in August, community service, 160 hours in the period of imprisonment, 40 hours in the lecture to prevent the recidivism of child abuse, and 5 million won in the case of Defendant B), which the lower court sentenced against the Defendants, is unreasonable.

2. In particular, the sentencing reasons indicated in the records of the instant case, in full view of the fact that the lower court agreed with the parents of the victim K and agreed to all the parents of the remaining victims in the first instance, the lower court’s sentencing against the Defendants seems to have been determined appropriately by fully considering the various sentencing reasons asserted by the prosecutor, and there are no special circumstances to the extent that the above punishment should be changed.

In the end, the prosecutor's improper argument of sentencing is not accepted.

3. In conclusion, the appeal against the Defendants by the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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