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(영문) 울산지방법원 2015.7.2.선고 2015고단805 판결

아동복지법위반(아동학대),상해,존속폭행

Cases

2015dan805 Child Welfare Act (Child abuse), bodily injury, continued assault

Defendant

○○ (70 years, South Korea), and non-permanent,

Prosecutor

Lee Jong-woo (Court Prosecution) (Court of Justice) and Kim Un-young (Court of Justice)

Defense Counsel

Attorney Clinical (Korean National Assembly Line)

Imposition of Judgment

July 2, 2015

Text

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

Of the facts charged of this case, the prosecution against remaining assault is dismissed.

Reasons

Criminal facts

On December 29, 199, the Defendant completed a marriage report with his wife Kim Jong-○ on December 29, 199, and completed the marriage report and maintained a large amount of ○○○ (15 years old) and the second △△△△ (13 years old).

1. On December 16, 2010, the Defendant: (a) placed the Defendant’s house located in Yangsan-si 3-ro 18-20, Yangsan-si, 18-20, with drinking alcohol, in the Defendant’s house without any reason after entering the house; and (b) placed the victim’s ○○ (the age of 11 at that time) in the front seat, without any reason, on the part of the Defendant’s house; and (c) “drawing as franc” as to why he attends; (d) when drinking 7-8 times the face face of the victim; and (e) placed the victim’s dives typing, the details of which need to be treated for about three weeks.

Accordingly, the defendant, who is a child, committed a abusive act that damages the body of the above victim, and at the same time injured the above victim.

2. On December 2, 2010, the Defendant: (a) was unable to check the Defendant’s continuous assault, etc.; (b) went out of the Republic of Korea; and (c) was the victim’s △△△△; (b) was the victim, who was the visually disabled; and (c) was able to move back to the Defendant’s △△△△△△△; and (d) was able to live together with the Defendant’s △△△△△△, who was the visually disabled.

On March 9, 2015, the Defendant, at around 00 02:0, 00, she drinked a mixed drinking at the above Defendant’s house, and she attempted to her △△△△△ (13 years old) to shaken the victim’s her crym, her crym, and her crym on the same day, 03:00 on the same day, her crym, her crym, her face, her face, etc. on the ground that the victim’s her crym, her face, etc. was prevented, and her crym, her head and her face, etc. over 40 minutes, had the victim her crym for approximately three weeks.

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 harm on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on this ○○, this △△△△△, Na○, Kim ○, and Kim △△△△.

1. Report (Violation of the Child Welfare Act), physical investigation of child abuse, family relation certificate, removal from the military register, etc.;

In this case, victimized children photographs

1. A report on internal investigation (connection between on-site residents and children's centers);

1. Investigative report (Attachment of a medical certificate, results of a specialized child protection agency's psychological examination, etc.), medical certificate, and clinical psychological evaluation;

u, diagnostic certificate, damage photographs

Application of Statutes

1. Relevant Articles of criminal facts;

Article 40 subparagraph 2 of the former Child Welfare Act (Amended by Act No. 11002, Aug. 4, 201);

29 Subparagraph 1 of Article 29; Article 71(1)2 and Article 17 subparag. 3 of the Child Welfare Act; Article 257(1) of the Criminal Act

1. Competition;

Articles 40 and 50 of the Criminal Act

1. Selection of penalty;

Imprisonment Selection

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

[Scope of Recommendation Form]

General Injury> Type 1 (General Injury) as an aggravated area (6 months to 2 years)

[Aggravated Punishment (Aggravation)]

The victim who is vulnerable to the crime is not subject to punishment / the motive for the crime (excluding type 4),

【Determination of Sentence】

The defendant's mistake is recognized, and the fact that the defendant has no record of crime except for punishment once by a fine in 1998 is favorable to the defendant.

However, in light of the circumstances such as the fact that an act of assaulting a child under the age of her ability to defend against her is an act that may not be permissible for any reason in that she left a life-free place, and that she continues to assault her wife and her children without any special reason, and the degree of assault is not easy, and the extent of assault is not easy, the defendant's her wife did not check the defendant's use of violence, and the victim expressed her intention not to punish the defendant, but it is doubtful whether she is the genuine will of the victims. According to the sentencing data such as the sentencing data prior to the judgment, it is questionable whether the victims expressed her intention to punish the defendant, but it is highly probable that the defendant might repeat the crime due to the lack of the will to resolve the conflict or problems that are serious.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, environment, and circumstances before and after the crime, shall be determined as ordered.

Public Prosecution Rejection Parts

1. Facts charged

On March 13, 2015: around 30, the Defendant assaulted the △△△△△△△ at the above Defendant’s home, without knowledge of the fact that the △△△△ police officer was entrusted to the child protection agency by the said △△△△ police officer, the Defendant’s mother, Kim △△△△ (72 years of age, female), the Defendant’s child-friendly, Kim △△△△△△△, the Defendant’s child-friendly, △△△△△△△△△, and the Defendant’

Accordingly, the above victim "I am driving away, why we see?" The defendant "I am hicker," "I am hicker," and am hicker more than once by the victim's side, and the victim violenceed the victim, who is the next lineal ascendant of the victim, once again, "I am hicker," which occurred on the floor.

2. Determination

The facts charged in the instant case are crimes stipulated in Article 260(2) of the Criminal Act, which constitute the crime of non-violation of will pursuant to Article 260(3) of the Criminal Act. According to the records, on May 21, 2015, after the prosecution of the instant case was instituted, the victim expressed his/her intention not to punish the Defendant. Thus, the instant prosecution against the Defendant is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

Judges

Judges Park Young-young