logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2015.10.07 2015노358
아동학대범죄의처벌등에관한특례법위반(아동학대치사)
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years and for one year and three months, respectively.

(b).

Reasons

1. Summary of grounds for appeal;

B. Prosecutor 1) The Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes (hereinafter “Child Abuse Punishment Act”).

Article 3 provides that Article 3 shall give priority to the application of this Act, and even though the prosecutor indicted the Defendants on the facts charged in the instant case by applying Articles 4, 2 subparag. 4 (b) and Article 272 of the Criminal Act, the lower court erred by misapprehending the legal principles on the name of the crime and the application of the applicable provisions of Acts, thereby causing the Defendants to be punished by applying the latter part of Article 275(1) and Article 272 of the Criminal Act without modification of an indictment. 2) The lower court’s sentence against the Defendants on unfair sentencing (the Defendant A: two years of imprisonment, Defendant B: one year of suspended sentence, etc.) is too unreasonable.

B. The sentence imposed by the court below against Defendant A is too unreasonable.

2. Judgment on the misapprehension of the legal principle of prosecutor

A. Around 17:00 on December 29, 2014, Defendant A given birth of the victim’s name in the “Eju station” (maju station, 0 years of age) while she was showing a change in the name of the victim (maju station, 0 years of age), the summary of the facts charged in the instant case, the name of the charge of indictment, and the applicable provisions of the instant Acts 1). However, Defendant A, on its own, gave birth to the victim (maju station, 0 years of age) but, on its own, did not have a situation of raising her child and the victim was not B’s child (B), was anticipated that the Defendant’s giving financial

Accordingly, the above Defendant carried a yellow plastic bag containing household garbage in the above gas station employees accommodation, and laid the victim in the above plastic bag to the changeer, laid the victim in the above plastic bag, laid the container in the factory, and then laid the container in the factory after placing the above oil station.

At the time, the average temperature of the mass production area was 3.3CC, and the minimum temperature was 1.9C, so the above defendant is at risk of the victim's life if the victim immediately after childbirth was left outside the room for a long time.

arrow