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(영문) 대구지방법원 2020.11.20 2019노4831
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)등
Text

All of the appeals filed by the prosecutor against the Defendants and Defendant B are dismissed.

Reasons

1. Summary of grounds for appeal;

(a) The sentence of the lower court (one year of imprisonment, two years of probation, community service and order to attend a lecture, Defendant B: Imprisonment with prison labor for four months, two years of probation, and order to attend a lecture) is too unfluened and unreasonable;

B. Defendant B’s imprisonment (4 months of imprisonment, 2 years of suspended execution, and 2 years of education) is too unreasonable.

2. Defendant A’s determination on the assertion of unfair sentencing by the prosecutor on Defendant A’s assertion of unfair sentencing is an unfavorable circumstance against Defendant A, in light of the fact that Defendant A, as the head of a child-care center, committed physical abuse against children under his protection and supervision, the victims’ age, degree of damage, frequency and method of crime, etc.

However, in full view of the following circumstances: (a) Defendant A agreed with the victim J and H parents; (b) the victim J, H, and I’s parents expressed their intent not to be punished against Defendant A; (c) Defendant A paid damages to the parents of the victim F in accordance with the judgment of the relevant civil procedure in the trial; (d) Defendant A paid the victim F’s damages in accordance with the judgment of the relevant civil procedure; (c) Defendant A would not have committed a second offense; and (d) Defendant A would not have any other favorable circumstances or changes that may be newly considered after the pronouncement of the judgment of the lower court; and (e) Defendant A’s age, character and behavior, environment, family relationship, motive and consequence of the crime; and (e) other various circumstances that are conditions for sentencing specified in the pleadings of the instant case, such as the circumstances after the crime, etc., are deemed unfair to the extent that the lower court’s punishment is too deemed to have exceeded the reasonable scope of discretion.

Therefore, the prosecutor's appeal against the defendant A is without merit.

3. We examine both the prosecutor’s assertion of unfair sentencing regarding Defendant B and Defendant B and the prosecutor’s assertion of unfair sentencing.

Defendant

B Agreed with the parents of the victim G, and expressed that the parents of the victim G do not want to punish the defendant B.

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