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(영문) 춘천지방법원 2016.09.21 2016고단630

아동복지법위반(아동학대)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant was the mother of the victim C(9 years of age, female, and victim D(7 years of age, female, and female) and divorced from the victim's father on May 25, 2016.

1. Victims C;

가. 피고인은 2016. 3. 19. 경 강원 홍천군 E에 있는 피고인의 주거지에서 별다른 이유 없이 피해자에게 다가가 손으로 머리채를 붙잡아 방바닥에 피해자를 내동댕이쳐 피해자의 이마 부위가 바닥에 부딪히게 하고, 발로 피해자의 등 부위를 걷어찼다.

As a result, the Defendant committed physical abuse against the victim, resulting in the victim's bodily injury to the number of days of treatment, and at the same time, causing the bodily injury to the child or undermining the physical health and development of the child.

B. On March 21, 2016, the Defendant: (a) around March 21, 2016, at the victim’s residence, on which television was reported without any particular reason, placed the victim’s right hand, etc. on his/her hand.

As a result, the Defendant committed physical abuse against the victim, resulting in the victim's bodily injury to the number of days of treatment, and at the same time, causing the bodily injury to the child or undermining the physical health and development of the child.

2. Around March 19, 2016, the victim D had the victim, who reported television without any particular reason at the above Defendant’s residence, sticked to the victim’s left side by hand.

As a result, the defendant injured the victim about two weeks of treatment, and at the same time abused the victim'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 diagnostic certificates and photographs;

1. Article 257 (1) of the Criminal Act (the point of injury), Article 71 (1) 2, and subparagraph 3 of Article 17 of the Child Welfare Act (the point of harm to a child or physical abuse) concerning the facts constituting an offense;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (victims.).