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(영문) 수원지방법원 안산지원 2017.11.29 2017고단3052

아동복지법위반(아동학대)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 29, 2017, the Defendant violated the Child Uniforms Act (child abuse) around 22:40 on July 29, 2017, at the Defendant’s residence, on the hand floor of the victim B (13) who was disputing with the victim B (13) who is an son, several times with the victim’s scood, and on the part of the victim’s bridge by gathering an Aluminum scood gun, the Defendant scood up on the part of the victim’s bridge.

As a result, the Defendant committed physical abuse against a child that may injure the child's body or injure the physical health and development of the child.

2. Whether the Defendant, at the date and time, at the place specified in Paragraph 1. and at the place specified in Paragraph 1., shall take the knife with a knife, knife the knife to the sloping D and sloping E, who was dispatched after receiving a report on domestic violence, and sent out.

"Influently, threatened the house, franchis of the slope D and slope E to enter the house, and assaulted several times.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting processing duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E, B, and D;

1. Article 71(1)2, Article 17 subparag. 3 (Child Abuse) of the Act on the Place of Child’s Uniforms and Article 136(1) of the Criminal Act (Interference with Execution of Public Duties) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. It is so decided as per Disposition on the grounds of not less than Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes by an Order to Attend (in spite of no agreement with the victim, considering that the defendant has a previous conviction exceeding a fine and has no same criminal record).