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(영문) 대구지방법원 2020.09.09 2020고단3828

아동복지법위반(아동학대)등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is the father and mother of the victim B (son, 14 years of age).

1. Around 19:00 on June 18, 2020, the Defendant violated the Child Welfare Act (child abuse), and the Defendant committed assault on the part of the Defendant in the residence of the Defendant in Daegu-gu C building D, Daegu-gu, when the victim gets home late on the hand floor on the ground that the victim was staying late, and when the victim scams the victim's head, and scams the victim's head, and then 3-4 times the victim's scam on the second hand.

Accordingly, it has committed physical abuse that damages children's body or damages their physical health and development.

2. The Defendant committed a violation of the Child Welfare Act (child abuse) and the special threat, at the time, place, and place specified in Paragraph 1, caused the victim to go beyond, and said, that the Defendant was the knife of a deadly weapon (30cm in total length, 15cm in length) with the victim’s hand, and killed the victim’s ship, her knife his knife his knife, and her knife his knife knife, and her knife knife with the

As a result, the Defendant, carrying a deadly weapon, threatened the victim, and at the same time, committed emotional abuse that harms the mental health and development of the child.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. 112 reported case handling table and family relation certificate;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 71(1)2, Article 17 subparag. 3 (a) of the Child Welfare Act (a point of physical abuse of children), Article 71(1)2, and Article 17 subparag. 5 (a point of emotional abuse of children) of the Child Welfare Act concerning criminal facts, and Articles 284 and 283(1) of the Criminal Act (a point of special intimidation);

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

1. Selection of each sentence of imprisonment;

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. Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes and Article 62-2 (1) of the Criminal Act;

1. The fact that an order to attend a course alone under the proviso of Article 29-3(1) of the Child Welfare Act to exempt the employment restriction order is expected to be effective to prevent recidivism.