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(영문) 서울동부지방법원 2021.01.11 2020고단2826

아동복지법위반(아동학대)

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

The defendant is the father and mother of the victim B ( South, 10 years of age).

On July 22, 2020, at around 20:20, the Defendant: (a) sent the victim’s head debt to the victim on the ground that the victim does not hear the horses in front of Gangdong-gu Seoul Metropolitan Government; (b) taken the victim’s head debt from the Defendant’s house kitchen at the Defendant’s house kitchen, and told the victim “pick, dead, and dead.”

Accordingly, the defendant committed emotional abuse that harms the mental health and development of the victim, who is a child.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each statement of D, E, and F;

1. Police seizure records;

1. Application of the Act and subordinate statutes to the investigation report (the inspection of CCTV Act, and the confirmation of CCTV at H points near the place of occurrence);

1. Relevant Article of the Act and Article 71 (1) 2 and Article 17 subparagraph 5 of the Act on the Place of Punishment for Children and the Selection of Imprisonment with prison labor for the crime;

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

1. Protection, observation, and treatment order: Article 62-2 of the Criminal Act; Article 44-2 of the Medical Care, Care, Custody, etc. Act (There is a habit of drinking alcohol or a risk of reoffending that requires medical treatment due to addiction thereto);

1. Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses Committed to Order;

1. Grounds for sentencing under the proviso to Article 29-3 (1) of the Act on the Place of Child Uniforms Exempted from an employment restriction order under Article 48(1)1 of the Confiscation Criminal Act ( comprehensively considering the substance and motive of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the employment restriction order, the effect to prevent the child abuse crime that may be achieved therefrom, the effect to protect the victim, etc.);

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions], and arrest, confinement, abandonment, and abuse;

(a) The general standards set out in [Type 2] that there is no abandonment or abuse [the territory of recommendation and the scope of a recommendation] [the scope of a punishment] basic area, six months to one year and six months [the general sentencing factors] - the mitigated factors: serious reflection [the grounds for probation].