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(영문) 부산고등법원 2015.05.27 2015노183
아동복지법위반
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the Prosecutor’s Reasons for Appeal is that the sentence of the lower court’s sentence (one year of imprisonment and two years of suspended execution) against the Defendant is too unfasible, considering the fact that the case of the instant crime is significant and the need for strict punishment against the child abuse crime is considered.

Therefore, the crime of this case was committed in violation of the duty of care and protection of the victim who should be performed as the body of the victim. Ultimately, the victim's death due to the victim's wife C's abuse and violence and the victim's liability is important. However, the adoption of the victim was made by C's strong intent, and C seems to have failed to anticipate the above result, and the defendant was a defendant's full custody of the victim. The defendant made efforts to pay basic child support and living expenses, and the defendant was responsible for raising two children, and all other factors of sentencing as prescribed in Article 51 of the Criminal Act do not seem to have exceeded discretionary power.

Therefore, since the prosecutor's appeal is without merit, 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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