beta
(영문) 춘천지방법원 강릉지원 2016.03.17 2016고단38

상해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 2015, the Defendant received the request from the wife C to rear the victim D (V) who is his wife C’s father from the wife C, and had the Defendant reard while raising the above victim at the seat of the Defendant, who is the head of Gangnam-si E.

No person shall commit any physical abuse against a child that may injure his/her body or injure his/her physical health and development.

피고인은 2015. 12. 16. 22:00 경 위 집 안방에서 잠을 자려 던 중, 피해자가 그날 저녁식사 시간에 피고인의 처가 식탁에 수저와 그릇을 가져 다 놓으라고 지시하였음에도 불구하고 이에 따르지 않았던 일을 떠올리면서 갑자기 화가 나, 피해자가 잠을 자고 있던 작은 방으로 들어간 뒤 주먹으로 잠을 자고 있는 피해자의 얼굴 부위를 수 회 때리고 발로 누워 있는 피해자의 배 부위를 수 회 걷어찼다.

Then, in the above house room around 07:00 following the day, the victim thought that the victim cannot look at the kindergarten as he was assaulted by the defendant on the day before the day, and that the victim could not look at the victim with the snow seriously, while making soup on the snow part of the victim's eye, while leaving the day immediately before the day without any particular reason, the victim's face and part of the fry was sent to the victim.

As a result, the Defendant committed physical abuse that causes bodily harm to the victim, who is a child, and at the same time inflicted bodily injury on the victim, such as the cutting of a peltos in need of medical treatment for three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report internal investigation (including photographs, copies of medical records and stenographic records attached thereto);

1. Article 257 (1) of the Criminal Act (the point of harm), Article 71 (1) 2, and subparagraph 3 of Article 17 of the Child Welfare Act (the point of physical abuse of children) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious injury);

1. Selection of imprisonment with prison labor chosen;

1. The Criminal Act, the suspension of execution;