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(영문) 대전고등법원 2018.03.16 2017노480
아동학대범죄의처벌등에관한특례법위반(아동학대치사)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (unfair in sentencing) is unfair because it is too unreasonable for the Defendant (four years of imprisonment) to be excessively neglected.

B. The lower court’s sentencing (for instance, 4 years of imprisonment) is unreasonable as it is too unfortunate.

2. The determination of sentencing is based on the statutory penalty, based on the discretionary determination that takes place within a reasonable and appropriate scope by taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, and there is a unique area of the first deliberation in our criminal litigation law taking the trial-oriented principle and the principle of directness.

In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion. Although the sentence of sentencing of the first instance falls within the reasonable scope of discretion, it is desirable to refrain from rendering a sentence that does not differ from the first instance court by destroying the first instance judgment solely on the ground that it is somewhat different from the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court sentenced the above sentence to the Defendant on the grounds of the sentencing stated in its reasoning, such as: (a) the Defendant was led to the confession of the offense; and (b) the victim’s parents did not want the Defendant’s punishment; and (c) the police was deprived of the victim’s age due to the instant offense; and (d) the Defendant was actively deprived of the damage inflicted by the death of the police; and (d) the lower court’s reasonable judgment.

Now, in the trial, the sentencing conditions are not shown.

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