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(영문) 대구지방법원 2018.03.30 2018노376
아동복지법위반(아동학대)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant, who is responsible for protecting the victim of the judgment, physically abused the victim who is his/her father.

The defendant has several criminal records of violence.

The defendant has committed each of the crimes of this case repeatedly during the period of repeated crime, which has not yet been sentenced to imprisonment due to general buildings, fire prevention, etc.

This is disadvantageous to the defendant.

A injured person does not want the punishment of the defendant.

There is no record that the defendant has been punished as a child school substitute crime.

Defendant confessions and objects to crimes.

This is the circumstances favorable to the defendant.

In addition to the above circumstances, there are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below, the scope of the recommended punishment on the sentencing guidelines (two months to one year and six months), the defendant's age, sexual conduct, environment, motive, means and consequence of the instant crime, circumstances after the crime was committed, crime records, and all of the sentencing conditions on the records and arguments on the changes in the sentencing guidelines are too heavy to the extent that the reversal of the sentence imposed by the court below cannot be exempted.

It is difficult to see it.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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