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(영문) 창원지방법원 2018.08.23 2018노1342
아동복지법위반(아동학대)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The lower court’s sentence (two years of imprisonment, and 80 hours of order to complete a child abuse treatment program) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is a circumstance unfavorable to the defendant, in light of the relation with the victimized child, method, and content of the crime of this case, the crime of this case was committed against the victimized child, who is a woman of nine years of age, who is a mother of foreign mother, merely raises the victimized child, by drinking, drinking with hot water, blicking, blicking, and at the same time, by damaging the body or undermining the physical health and development of the body, and the crime of this case is committed against the victimized child. The crime of this case is not considerably good in light of the relation with the victimized child, method, and contents of the crime. The defendant's abuse is highly likely to remain negative memory for a long time in the future growth of the victimized child. The degree of the victimized child's injury is not minor, and the defendant has considerable criminal records.

However, the defendant is detained for about five months, and his mistake is against himself, and he does not abuse the victimized child in the future.

In full view of the favorable circumstances, such as the fact that the father and the mother of the victimized child wanted to be the defendant's wife again, that the parents of the victimized child are neglecting the custody of the victimized child and other children, and that the role of the defendant is necessary to properly protect and rear them as it is difficult to expect the victimized child to properly perform the custody obligation even in the future, and that there is no record of criminal punishment prior to the instant case, and that there is no record of criminal punishment prior to the instant case, and other circumstances that are the sentencing conditions, such as the defendant's age, sex, health conditions, environment, background, method of crime, possibility of recidivism, etc., the sentence imposed by the court below is somewhat inappropriate.

3. In conclusion, the Defendant’s appeal is reasonable, and thus, pursuant to Article 364(6) of the Criminal Procedure Act.

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