logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.09.09 2020노1834
아동복지법위반(아동학대)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant recognized all of the instant crimes and reflected, economic circumstances, etc., the lower court’s punishment (a fine of KRW 1.5 million) is unreasonable.

B. In light of the seriousness of the prosecutor’s case, the nature of the crime of this case, etc., the lower court’s punishment is deemed unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the factors indicated in the records of this case, it cannot be deemed that the lower court’s sentencing is heavy or is frighted so far as it exceeds the reasonable scope of discretion.

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

arrow