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(영문) 부산지방법원 2015.3.19.선고 2015고단275 판결

아동복지법위반

Cases

2015 Highest 275 Child Welfare Violation

Defendant

A

Prosecutor

Oral Jins (Courts) and Mawro (Courts)

Defense Counsel

Attorney B

Imposition of Judgment

March 19, 2015

Text

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

except that, for a period of two years from the date this judgment becomes final and conclusive, the execution of the above sentence shall be suspended, and seized evidence 1 shall be confiscated.

The defendant shall be ordered to take 40 hours' alcohol treatment lectures.

Reasons

Criminal facts

The defendant is the father and mother of the victim C(six years of age) and victim D(n, four years of age).

At around 02:30 on December 29, 2014, the Defendant, alone, called “F house 401, a residence in Jung-gu, Busan, for drinking and drinking alcohol,” and, on the ground that the victims do not hear their horses, was sealed, and then the victim’s right horse at the bar (40 cm, 5 cm, cm, cm, cm, cm, cm, cm, cm, cm, cm, cm, cm, cm, cm, cm, cm, and cm, cm, cm, cm, and the victim’s right horse at one time, cut off about 3 cm. On the other hand, the Defendant continued to take a face of 2.5 cm, and caused physical injury to the victim’s body. As a result, the Defendant inflicted physical injury on the child.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Records of seizure and the list of seizure;

1. Each written diagnosis;

Application of Statutes

1. Article applicable to criminal facts;

Article 71(1)1 and Article 17 subparag. 3 of the Child Welfare Act

1. Aggravation for concurrent crimes;

Article 37 (former part) and Article 38 (1) 2 of the Criminal Act;

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures;

Article 62-2 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Judges

Judges Cho Jae-chul