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(영문) 대구지방법원 서부지원 2018.08.31 2017고단2726

아동복지법위반(아동학대)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, who is in de facto marital relationship with D, a mother of the victimized child C(14 tax), has been living together with D, etc. from about four years before the Defendant and victimized child, and from about 108 Dong 502, Seogu, Daegu E-gu, 108 Dong 502.

The Defendant, at around 16:00 on August 27, 2017, was under the influence of walking a friendly and frighting child outside his/her place of residence, while drinking a alcohol at the above place of residence.

followed by why they have their friendships.

In spite of the fact that the victimized child was in the house and was in the house, she would not get out of the house, she would see that the victimized child died.

”라고 말하며 주먹으로 피해자를 때리려는 시늉을 하고, 발로 피해 아동의 엉덩이를 1회 걷어찼다.

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.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to report internal investigation (for the monetary conversations of the victim's friendship or F)

1. Article 71 (1) 2 and Article 17 subparagraph 3 of the Child Uniforms Act, the selection of punishment for committing a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant is seriously punished when considering the repetition of the instant crime even though he/she was subject to a disposition to forward a child protection case (i.e., January 28, 2016, and August 29, 2016) due to the same violation of the branch law of the victimized child.

However, in full view of all the circumstances such as the fact that the defendant recognized his mistake and did not repeat the crime, the degree of damage is relatively minor, the injured child and his father and mother want not to be punished against the defendant, the defendant's child, the friendly mother of the victimized child who has difficulty in living together (Grade 2), the victimized child's leakage or (F), the injured child, the circumstances of the crime, degree of the crime, and the record of the crime, etc., the sentence is rendered as ordered.