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(영문) 대구지방법원 2017.04.13 2016노4491
아동복지법위반(아동학대)
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The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below against the defendant on the summary of the reasons for appeal is too unreasonable.

2. In light of the sentencing conditions indicated in the instant case, such as the fact that the Defendant was the primary offender, the recognition of the instant crime and the mistake, the fact that the Defendant made a serious effort to recover damage, such as deposit of KRW 3 million on the part of the victim on March 21, 2017 when the trial was in question, and the dispute between the victim and the Defendant on the part of the victim on March 21, 2017, and the fact that the direct cause of the instant crime was the direct cause for the instant crime, and the Defendant’s age, sexual behavior, environment, background and result of the instant crime, etc., the sentence imposed by the lower court is deemed to be excessive and unfair, so the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal of this case is with merit, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Article 71 (1) 2 and subparagraph 5 of Article 17 (Selection of Penalty) of the Act on the Place of Child’s Reinstatement for the Crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In the judgment on the grounds of appeal for sentencing of Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined in light of the aforementioned circumstances.

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