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(영문) 의정부지방법원 2015.09.18 2015노541
아동복지법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal is unreasonable because of excessive punishment of a fine of one million won imposed by the court below on the defendant.

(2) The crime of this case committed by the Defendant on the first day of the trial of the trial of the court (the Defendant explicitly withdrawn the assertion of mistake on the date of the trial of the court of the trial). The crime of this case was committed by the Defendant, based on the content, method, degree of damage, etc. of the crime, is not less than that of the crime, and the crime was committed on two occasions around 2011 and around 2013 due to the illegal receipt of child care center subsidies, and was charged as a charge of violating the Infant Care Act, and there

However, in light of the fact that the defendant made a confession of the facts of the crime of this case and made a statement that his mistake is divided in depth, that the defendant does not want the punishment of the defendant in consultation with the victimized party in the trial, that he lives faithfully in accordance with the name of the victimized party without any specific punishment power, that there is a dependent family member, that even if the defendant does not sentence the punishment, he would not lead to re-offending, and that the circumstances of the defendant's age, character and behavior, character and character, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime of this case, family relationship, health status, criminal record relation, etc. as shown in the argument of this case, and other various circumstances that are the conditions of the sentencing of this case, it is recognized that the sentence imposed by the court below is somewhat unreasonable. Thus, the defendant's assertion is justified.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows. The summary of the evidence is as follows, except for adding “the defendant’s oral statement” to “the summary of evidence” as stated in the reasoning of the judgment of the court below.

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