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(영문) 대전지방법원 2019.10.23 2019노677
아동복지법위반(아동학대)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s assertion that the Defendant’s punishment (one million won of a fine) sentenced by the lower court is too unreasonable.

B. The Prosecutor’s assertion that the Defendant’s above sentence imposed by the lower court is too unfasible and unreasonable.

2. The judgment of the defendant is the primary offender, the parent of the victimized victim D does not want the punishment of the defendant, and the defendant confessions all the facts charged when it comes to the trial is favorable to the defendant.

The fact that the defendant did not seem to seriously reflect on his or her behavior, although he or she argued that he or she was a behavior for the purpose of decoration, the fact that he or she was using remarkably inappropriate and violent methods, the fact that the abuse was committed repeatedly and that it was not less narrowly, not only the direct victimized children, but also other children who were requested to witness the defendant's behavior and to participate in violence are also likely to disrupt normal growth by causing mental shock and thus, are disadvantageous to the defendant.

In full view of the aforementioned circumstances and the motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing is deemed to be too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

( long as an appeal by a prosecutor is reversed on the grounds that the judgment of the court below is well-grounded, the appeal by the defendant shall not be dismissed separately from the disposition). 【The grounds for the judgment of multiple times】 Criminal facts and summary of evidence recognized by the court are as stated in the corresponding column of the judgment of the court below, and thus, all of them shall be cited in accordance with Article 3

Application of Statutes

1. Article 71(1)2 of the Child Welfare Act and Article 17 subparag. 5 of the same Act concerning facts constituting an offense.

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