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(영문) 대구지방법원 2020.08.20 2019노4061
아동학대범죄의처벌등에관한특례법위반(보호처분등의불이행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the lower court on the Defendant is too unfased and unreasonable.

2. Although it is recognized that the nature of the crime of this case was poor in light of the process and attitude of the defendant's crime of this case, it appears that the defendant recognized his mistake and reflects his behavior, and that the mental disorder, such as the bipolar disorder, etc., had an influence on the crime of this case, and that the mental disorder, such as mental counsel and pharmacologic after the crime of this case, is trying to prevent recidivism and to treat it faithfully. In full view of the fact that there was no record of criminal punishment prior to the crime of this case, and other circumstances that are conditions for sentencing, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable.

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

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