(영문) 광주지방법원 2019.10.01 2019노2002 | 리걸엔진

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(영문) 광주지방법원 2019.10.01 2019노2002

아동복지법위반(아동학대)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The defendant's child abuse for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. In the course of destroying a cellular phone of the victim of an excessive road, the defendant suffered the injury to the victim as a result of the mistake of facts, and there is no fact that the defendant intentionally used excessive portion of the victim's left arms to inflict the injury.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment, 80 hours of order to provide child abuse treatment lectures, 10 hours of confiscation, 5 years of employment restriction orders) is too unreasonable.

2. Determination

A. The Defendant also asserted the same purport as the grounds for appeal in this part of the judgment below regarding the assertion of mistake of facts.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined: (a) the victim made a statement to the effect that the victim injured the victim knife; (b) the victim’s statement appears to have been voluntarily and naturally made; and (c) the victim’s statement was induced or distorted; (d) the victim expressed his opinion to the effect that the victim’s standing is too deep and the victim’s intent to take charge of the victim’s bodily injury was caused by intentional harmful acts; and (e) the victim’s police and prosecutor’s office’s office’s office’s opinion on the circumstances at the time of excessive occurrence is difficult to recognize its credibility due to the lack of consistency with the victim’s statement at the time of excessive occurrence, the lower court determined that the Defendant could fully recognize the fact that the victim inflicted an injury on the part above left part of the victim’s port by using excessive treatment.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just.

Therefore, the judgment of the court below cannot be said to contain an error of misconception of facts, as alleged by the defendant, and this part of the defendant's assertion is

B. The instant crime on the assertion of unfair sentencing is excessive for the Defendant.

유사 판례

-의정부지방법원 2013.12.13 2013노1620

-서울고등법원 2014.01.24 2013노3192

-광주지방법원 2018.11.13 2018노2524

-광주지방법원 순천지원 2019.07.25 2019고단852

-서울남부지방법원 2013.01.03 2012고합770