beta
(영문) 인천지방법원 부천지원 2019.03.27 2018고단3539

아동복지법위반(아동학대)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is prone after childbirth, and the victimized child B (30 days after birth) is a child who the defendant cares for.

On April 19, 2018, the Defendant committed a physical abuse on seven occasions in total from April 16, 2018 to April 19, 2018, such as the list of crimes in the annexed crime list, where the victimized child was suffering from stress, and the victimized child was frightened with a milch with a milch with a milch with a milch with a milch with a sucked child, thereby leaving the body of the victimized child at the end of Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A report on investigation by prosecutors to a specialized child protection agency and materials attached thereto;

1. Application of Acts and subordinate statutes to photograph by capturing a course;

1. Article 71 (1) 2 and Article 17 subparagraph 3 of the Child Welfare Act, the choice of applicable laws and punishment for facts constituting an offense, and the choice of imprisonment with labor;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 8(3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes is a child care provider under Article 2 subparag. 4 of the Child Care Support Act, and there is room to view that the defendant, as a child care provider under Article 2 subparag. 4 of the Child Care Support Act, has a duty to report child abuse under Article 10(2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, has abused a child who is a newborn baby, and it is not very good to commit the crime in light of the age of the victimized child and the attitude and frequency of abuse.

However, the fact that the defendant recognizes his mistake and reflects it, and the defendant who was towed in the situation where the parent of the defendant is in a critical condition is the victimized child in a narrow space.