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(영문) 제주지방법원 2017.08.10 2017노142
아동복지법위반(아동학대)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (eight million won in penalty) is too unhued and unreasonable.

2. The Criminal Procedure Act of Korea, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area of the first instance in the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In light of the circumstances of each of the instant crimes, methods and methods, etc., the crime is not good; the Defendant appears to have agreed with the victims or failed to receive a letter from the victims; however, the lower court appears to have determined the Defendant’s punishment in light of the aforementioned circumstances, and there is no change in circumstances to be considered in the sentencing after the sentence of the lower court was rendered; the Defendant appears to have recognized and reflected each of the instant crimes; the Defendant was the first offender, and the lower court did not appear to have exceeded the Defendant’s age, sex, environment, motive and method of each of the instant crimes; and the records and scope of all of the instant crimes after the lower court’s reasonable discretion.

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

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