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(영문) 대구지방법원 2018.01.12 2017노4678
아동복지법위반(아동학대)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the 2-year suspended sentence in 8 months, and the 3 million won fine for the remaining crimes) declared by the court below is deemed to be too uneasy and unfair.

2. The judgment of the court below is that the crime of this case is not good in light of the applicable law and the form of action, etc.; the defendant transferred the reason for impergy to the victim D and his family members and sent the above victim, etc., even after the police investigation of this case; however, in the case of divorce between the defendant and the victim D, the defendant and the victim D made efforts to return to a smooth home life; the mediation was made to the victims, such as verbal abuse, assault, and treatment of alcohol and anxiety disorder; the victims expressed their intention not to want the punishment of the defendant; the defendant suffered from disease such as alcohol disorder; the defendant appears to have committed the crime of this case even after the police investigation of this case; the defendant transferred the reason for impergy to the victim D and their family members; however, the defendant's age, sexual behavior, environment, means and result of the crime; the court below's judgment of sentencing exceeded reasonable and reasonable limits; and the court below's judgment of sentencing exceeded reasonable and reasonable discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's assertion is without merit, since the sentence imposed by the court below is too unfortunate and thus it cannot be deemed unfair.

3. As such, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Provided, That the judgment of the court below is with merit the relation of obstruction of performance of official duties for which judgment of the court below became final and conclusive and the relation of concurrent crimes after Article 37 of the Criminal Act.

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