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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주고등법원 2017.02.16 2016노508
아동학대범죄의처벌등에관한특례법위반(아동학대중상해)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The following facts are favorable to the Defendant: (a) the Defendant’s judgment on the grounds for appeal (unfair sentencing) by both parties divided his/her mistake; (b) the victim appears to have committed the instant crime by shouldering his/her new wall or soundinging him/her, and the victim’s mother did not want punishment; (c) the victim’s 119 report after the crime was sent to the hospital to prevent the victim from sacrificeing his/her old life, which led him/her to his/her death by going to the hospital.

On the other hand, the crime of this case is committed by the defendant who is responsible for protecting and raising the victim about four months after his birth, and was abused or injured several times between 10 days without prison labor, and causing danger to his life by causing uncertainty by a low birth certificate, and the crime is extremely poor in light of the circumstances of the crime, degree of damage, etc.

It seems that the victim who had no resistance to the violence of the defendant seems to have suffered from severe physical and mental pain, and it seems that the future permanent disability is likely to remain, and it is necessary to live with the life-long suffering.

The intent of the victim's mother to punish is mainly based on concerns over the economic difficulties, and it is difficult to evaluate the victim's will in the same way as that of ordinary penalty is not possible.

Nevertheless, it seems that the defendant did not make any effort to recover the damage of the victim who is his father and wife.

In addition, the defendant has a number of criminal records of punishment, suspension of execution, and fines.

This is disadvantageous to the defendant.

As such, the defendant's age, family relation, sex, environment, motive and circumstance of the crime, means and method of the crime, and the circumstances after the crime, together with favorable or unfavorable circumstances of the defendant.

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