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(영문) 서울중앙지방법원 2018.02.07 2017노4506
아동복지법위반(상습아동학대)
Text

The prosecutor's appeal is dismissed.

Reasons

The reason for the prosecutor's appeal is that the court below's punishment is too minor.

However, considering the reasoning of the judgment below along with the contents of the sentencing and all other conditions of the sentencing as stated in the records, the sentence imposed by the court below against the defendant is set within the scope of the court’s discretion of sentencing and is too weak to the extent that it cannot avoid reversal.

shall not be deemed to exist.

The prosecutor's appeal is dismissed [Provided, That the facts constituting the crimes of each subparagraph of 2, 4, 8, and 10 of the holding of the court below are reasonable to be deemed the physical abuse of the victim's body, health, and development. Thus, the " emotional abuse that may harm the mental health and development of the child" in the bottom of each crime shall be corrected to "the physical abuse of the child" or "the physical abuse that may injure the physical health and development of the child".

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