Do 2018 Do 19615 homicide 19615 (the name of a crime recognized: Cases concerning the punishment, etc. of child abuse crimes

violation of the current law (Death or Injury caused by Child Abuse), concealment of the dead body, and the Child Welfare Act;

anti-child abuse, violence

A

Defendant

Attorney Song-young (Korean National Assembly Line)

Seoul High Court Decision 20182565 decided November 30, 2018

February 14, 2019

The appeal shall be dismissed.

The grounds of appeal are determined.

Upon examining the record, it is reasonable to reject the defendant's argument on the mental and physical weakness on the same grounds as the judgment of the court below. The judgment on the mental and physical weakness is not a kind of illegality.

In addition, the argument to the purport that the judgment of the original court has failed to deliberate on the normal sentencing of sentencing constitutes an unfair argument for sentencing in the end. The defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of each of the crimes of this case, and the conditions of sentencing indicated in the records, such as the circumstances after the crime, etc.

Examining the various circumstances, even if considering the circumstances asserted on the grounds of appeal, the determination of the sentence of the original court that maintained the first instance judgment that sentenced the defendant to ten years of imprisonment with prison labor is extremely unfair.

shall not be subject to an appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Min You-sook

Justices Jo Hee-de

Justices Kim Jae-hyung

Justices Lee Dong-won