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(영문) 춘천지방법원 강릉지원 2016.11.17 2016노305
학대
Text

All appeals by the Defendants are dismissed.

Reasons

1. The gist of the grounds for appeal (the factual error and inappropriate sentencing)

A. In light of the motive and background leading up to the Defendants’ act as stated in the facts constituting the crime in the lower judgment, the Defendants cannot be deemed to have abused the victims.

B. Even if guilty, the sentence of the lower court (the fine of KRW 2.5 million for each of the Defendants A and H, and the fine of KRW 3 million for each of the Defendant C) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, such as CCTV images DVD, as to the assertion of mistake of facts, the Defendants committed abusive acts with physical pain to the victims who are disabled persons under their protection and supervision as stated in the facts constituting the crime in the lower judgment.

Therefore, the judgment of the court below that recognized the establishment of the crime of abuse against the defendants is just and there is no error of law that affected the judgment by misunderstanding facts.

The Defendants’ assertion of mistake is without merit.

B. Defendant H is the primary offender of the judgment on the assertion of unfair sentencing, and there is no previous conviction or fine exceeding the same kind of criminal record or fine for the remaining Defendants. There are favorable circumstances for the Defendants.

However, considering the various circumstances, including the degree, frequency, motive, and circumstances of the Defendants’ abusive acts, as well as the age, character and conduct, environment, and circumstances after the commission of the crime, the lower court’s punishment cannot be deemed to be excessively unreasonable.

The Defendants’ assertion of unfair sentencing is without merit.

3. The Defendants’ appeal is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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