(영문) 서울고등법원 2018.02.23 2017노3719 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.02.23 2017노3719

아동학대범죄의처벌등에관한특례법위반(아동학대치사)

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In misunderstanding of facts and legal principles, the Defendants did not intentionally leave the victim in a state without protection and did not have any intention to abandon the victim, and the Defendants did not have been able to anticipate the victim’s death due to the Defendants’ act.

B. The sentence that the lower court sentenced the Defendants (Defendant A: imprisonment with prison labor for three years and six months, order to complete a child abuse treatment program with 80 hours or more, and order to complete a child abuse treatment program with 2 years and six months or 80 hours or more, or order to complete a child abuse treatment program) is too unreasonable.

2. Determination

A. The lower court determined the Defendants’ assertion of misunderstanding of the facts and misapprehension of the legal doctrine, by explaining detailed circumstances in the conduct of 10 through 15 of the said judgment on 5 pages 10 through 6 of the said judgment, and could have sufficiently predicted that the Defendants’ abandonment of the Defendants by neglecting the victim’s protection was at least dolusent intent, and that the result may result in the victim’s death.

Recognizing the facts charged against the Defendants, the court found the Defendants guilty.

Examining the circumstances acknowledged by the lower court in comparison with the evidence duly admitted and examined, the lower court’s determination is just and acceptable. In so doing, it did not err by misapprehending the legal principles as alleged by the Defendants, as otherwise alleged by the Defendants.

subsection (b) of this section.

Therefore, the Defendants’ assertion is without merit.

B. The Defendants did not have any record of criminal punishment regarding the Defendants’ unfair argument of sentencing, and the Defendants appear to be able to recognize the facts themselves of the instant crime and reflect it, and Defendant A committed a crime under the mental and physical weakness, etc. are considered favorable to the Defendants.

However, even though the Defendants, as their parents, have the duty to protect and rear the victim, they are also garbage and garbage.

유사 판례

-전주지방법원 2018.08.24 2018노680

-대구고등법원 2018.03.22 2017노594

-춘천지방법원 2018.04.06 2016노767

-서울고등법원 2021.01.27 2020노1979

-대전고등법원 (청주) 2017.11.02 2017노94