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(영문) 대구지방법원 서부지원 2019.07.11 2019고단394

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

【Criminal Power】 On October 20, 2017, the Defendant was sentenced to six years in Seoul High Court to imprisonment with labor for a violation of the Special Act on the Punishment, etc. of Sexual Crimes (Rape, etc.) at the Seoul High Court, and the said judgment became final and conclusive on October 28, 2017.

【Criminal Facts】

1. Around September 20, 2016, the Defendant committed physical abuse that inflicts bodily harm on the victim’s body and emotional health and development of children by making the victim’s her son (year 12) her son her son her son her son her her son her son her her son at school class hours and did not listen to her her son her her son her son her her son her her son her her son her her son her her son her her son her her son her her son her

2. At around 20:00 on November 10, 2016, the Defendant committed physical abuse and emotional abuse that inflict bodily harm on the victim’s body and the mental health and development of the child by having the cellular phone cited in the Defendant’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Stenographic records, logs of classes, and photographs of damaged parts;

1. Previous convictions: Criminal records, investigation reports (verification of facts under confinement), and application of court rulings and other statutes;

1. Article 71 (1) 2, Article 17 subparagraph 3 (a) of the Child Welfare Act (a point of any physical abuse), Article 71 (1) 2, and Article 17 subparagraph 5 of the Child Welfare Act (a point of any emotional abuse) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 recognizes the Defendant to commit the instant crime, and the victim is lack of caution from the beginning of the third grade of the first instance.