beta
Text
All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (a penalty of KRW 1.5 million) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.
The crime of this case is committed by the Defendant’s physical and emotional abuse by exercising the force of force to three victimized children whom the Defendant should look at as the head of a child-care center, and committed four times more than once. In light of the background of the crime and the method of the commission of the crime, etc., the liability for the crime is not less strict. The victimized children are children with only one to three years old, and they could not resist or defend themselves as appropriate, and the above abuse is likely to have a negative impact on the formation of the nature of the victimized children in the future, etc., and the parents of the victimized children want to be punished against the Defendant up to the trial.
However, in full view of the following factors: (a) the Defendant appears to have recognized the instant crime and reflect his mistake; (b) the first offender who has no record of crime; (c) the Defendant deposited KRW 1,500,000 for the victims at the time of the trial; and (d) the Defendant’s age, sex, family environment, home environment, motive and background of the instant crime; (c) the means and consequence of the instant crime; and (d) various sentencing conditions as shown in the pleadings, such as the circumstances before and after the instant crime, etc., it does not seem that the sentence imposed by the lower court is too heavy or unreasonable.
Therefore, the defendant and the prosecutor's argument are without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.