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(영문) 부산지방법원 2017.09.15 2017노2077
아동복지법위반(아동학대)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is deemed to be too unhued and unfair.

2. The crime of this case revealed that the victimized children were suffering from considerable mental impulses and fears due to the crime of this case, and this is highly likely to have a fatal impact on the growth and development of victimized children in the future, and the Defendant committed several assaults against F, a spouse, and was subject to family protective disposition due to such assaults in the past.

However, in full view of the facts that the crime is recognized, the victimized children do not want the punishment against the defendant, the termination of the victimized children's livelihood due to the detention of the defendant, the defendant's hospitalization at a mental hospital to treat the climatic of alcohol, etc., and seems to have been making efforts to recognize and improve his/her violent inclinations, such as being hospitalized in the mental hospital by himself/herself, and the equity in sentencing and sentencing with the same and similar cases in favor of the defendant, such as the fact that there is no criminal record exceeding the fine, and other various sentencing conditions such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc., it is difficult to deem that the court below's punishment is too unjustifiable and unfair.

Therefore, the prosecutor's above argument of sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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