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(영문) 울산지방법원 2017.07.14 2016노2249
아동복지법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence against the Defendant on the summary of the grounds of appeal (six months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, and 80 hours of child abuse treatment lectures) is deemed to be too uneasy and unreasonable.

2. Determination Question, physical and emotional abuse against a child by his/her guardian remains a mental suffering that impedes the entire life of the child, and this is a serious criminal that seriously impedes the formation of a pro-friendly relationship necessary for the child to grow as a member of a healthy society, the cultivation of trust and control power over the child, and the child abuse by the defendant does not seem to be one-time, and the child’s apprehensions for the child is also a considerable degree.

However, under the circumstances where it is difficult for the Defendant to care alone without the help of other families after having divorced from her husband, the Defendant appears to have committed each of the crimes of this case without learning proper methods of bringing up the child, such as economic, mental stress, and burden of bringing up the child, and in such circumstances, it seems that allowing the child to grow under the protection of her mother, in the long term, through proper education on the proper methods of bringing up the child, rather than punishing her mother, to grow under the protection of her mother, there are favorable circumstances for the Defendant. In addition, comprehensively taking into account all the sentencing conditions of this case, such as the Defendant’s age, sex, motive, means and consequence of the crime, the circumstances after the crime, changes in circumstances after the sentence of the lower judgment, etc., the lower court appears to have been reasonable and appropriate and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

3. If so, the Prosecutor’s appeal is to be made.

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