beta
(영문) 부산지방법원 2017.07.21 2017고단2817

아동복지법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On September 22, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Confinement) at the Busan District Court on September 22, 2015 and completed the execution of the above punishment on September 28, 2016.

[Criminal facts]

1. On February 28, 2017, around 07:00 on February 28, 2017, the Defendant: (a) committed a emotional abuse that may cause damage to the mental health and development of the victim, who is his/her own child, by putting a stringer and knife a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife

2. On March 21, 2017, the Defendant committed the act of neglecting the basic protection and rearing of the victim, who is a child under his/her protection and supervision, by failing to do so, even though he/she should go to the Egymnasium located in the Dong-gu Busan Metropolitan City, while going to the victim who completed Taekwondo activities around 22:00 on March 21, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. A photograph showing a knife on a knife with a knife;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about the accused, such as a protocol of suspect interrogation and criminal history;

1. Relevant Article 71 (1) 2, Article 17 subparagraph 5 (a) of the Act on the Place of Child Welfare (a point of emotional abuse against a child), Article 71 (1) 2, and Article 17 subparagraph 6 (a) of the Child Welfare Act (a point of neglect against a child) of the Act on the Place of Child Welfare, and the choice of imprisonment, respectively, with labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to each of the above crimes):

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are recognized. However, there are several records of criminal punishment due to violent crimes, as well as violent crimes.