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(영문) 의정부지방법원 2018.01.17 2017노2992
아동복지법위반(상습아동학대)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s punishment (unfair sentencing) sentenced by the lower court (two years of suspension of execution in one year and six months of imprisonment, observation of protection, and order to attend a lecture to prevent the recidivism of child abuse for 40 hours) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Comprehensively taking account of the circumstances revealed by the lower court in the grounds for sentencing and all the sentencing conditions shown in the records and arguments of this case, the lower court’s sentencing is determined to be proper by fully considering the various sentencing grounds asserted by the Defendant and the Prosecutor, and it does not seem to be too heavy or too low, and there are no other special circumstances to the extent that the above punishment would be changed. Therefore, each of the above unfair sentencing arguments by the Defendant and the Prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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