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(영문) 의정부지방법원 2017.02.14 2016고단3712

아동복지법위반(아동학대)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around 18:30 on January 14, 2016, the Defendant violated the Child Uniforms Act (child abuse) referred to as “the victim D (the victim D, 16 years old), who is the Defendant’s child, did not answer why he was moving and ask him for the location of a small wave in the Defendant’s residence at the Namyang-si, Namyang-si, Seoul, 102:30 on January 14, 2016.” However, the victim did not answer to the Defendant, and the victim did not “Ilthahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhnhhhhhhhhhhhhhhhhhhhhhhh

As a result, the Defendant committed physical abuse that may harm the physical health and development of a child victim and emotional abuse that may harm mental health and development.

2. A special assault Defendant: (a) during the assault of the above D at the same time and at the same place as above, the victim E (W, 52 years of age) who is the Defendant’s wife; and (b) was wraped with the above D; and (c) the victim “I want to die, hock, and die.”

“A State or local government that had been doing so.”

헬스기구인 ‘ 스텝 퍼 ’를 피해자에게 집어 던졌다.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. 사진, 피해 부위 사진, 스텝 퍼 사진, 피해 현장 및 범행도구 사진 법령의 적용

1. Article 71 (1) 2, Article 17 subparagraph 3 and 5 (a) of the Local Child Uniforms Act (a point of a child school representative) concerning the crime, Articles 261 and 260 (1) of the Criminal Act (a point of a special assault);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 8(1) and Article 8(3) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes are as follows.