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(영문) 광주지방법원 2016.10.26 2016노1392
아동복지법위반(아동학대)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of suspended sentence for four months of imprisonment) is too unhued and unreasonable.

2. The Defendant, who is in a position to protect and admonish a child, committed physical abuse against the child, and such act can remain after the child’s physical suffering and mental suffering as well as physical suffering. Thus, it cannot be justified even if there was a purpose of partial decoration as the Defendant’s assertion, and the nature of the crime is not good.

However, in full view of the following: (a) the Defendant’s mistake is divided in depth; (b) the victims and their parents do not want punishment against the Defendant; (c) the Defendant did not have any record of criminal punishment except that sentenced to a fine in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in 2004; and (d) other various sentencing conditions as shown in the present argument, including the background of the instant crime, the circumstances after the commission of the crime; (b) the Defendant’s age, character and conduct, etc., the Prosecutor’s assertion

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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