logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.07.22 2016노494
아동복지법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and two months of imprisonment, one year and two years of suspended execution) is deemed to be too uneasy and unfair.

2. The crime of this case is a circumstance unfavorable to the defendant, such as that the defendant committed physical abuse such as when the defendant 7-year-old father or when he takes a bath with the supporting material, etc. The crime of this case is deemed to have suffered a considerable physical and mental pain due to the crime of this case, and that child abuse as well as physical pains can remain remaining after the growth of the psychological state, and thus, it is necessary to strictly punish the defendant.

On the other hand, the fact that the Defendant recognized the instant crime and reflects the mistake in depth, that there is no history of any particular criminal punishment except that sentenced to a fine due to the crime of bodily injury in 2011, and that the Defendant started to punish the victim for the purpose of discipline, and that it seems that the instant abuse was committed. The fact that, after the instant crime, the victim gave up his right to care for the victim and lives in the protection facility, the risk of recidivism is low is favorable to the Defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

arrow