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(영문) 부산고등법원 2021.03.11 2020노441
아동학대범죄의처벌등에관한특례법위반(아동학대중상해)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

Summary of Reasons for appeal

A. The punishment (unfair sentencing) imposed by the lower court (one and half years of imprisonment, and 40 hours of orders to complete child abuse treatment programs) is too unreasonable.

B. The above sentence sentenced by the prosecutor (unfair sentencing) by the court below is too unfasible and unfair.

2. We also examine each of the judgment and prosecutor’s unfair sentencing cases.

The crime of this case is between the defendant and the victim who became 40 days after the birth of 40 children born to her baby in the non-solitary relationship, and the crime of this case is to be discarded to the stairs of commercial buildings at the wintering time.

In light of the fact that the victim was exposed to the night strings, and the victim was in a dangerous state due to serious low temperature, etc., and the brush may result in the loss of heavy life.

Meanwhile, under the circumstances where it is difficult for the Defendant to rear the victim, the Defendant was somewhat contingent to commit a crime, and the victim seems to grow up without any particular symptoms, and the Defendant did not have any previous convictions, and the parents and male-borns complain of the wife.

In full view of such various circumstances as the Defendant’s age, sexual conduct, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, and the fact that there is no particular change in the sentencing conditions compared with the first instance court, the sentence imposed by the lower court appears to be within the appropriate range of sentence corresponding to its liability, and it does not seem to be unfair because the sentence is too heavy or unbrupted.

Therefore, the defendant and the prosecutor's argument are without merit.

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

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