logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.08.16 2018고단4345
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for six 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 was sentenced to a suspended sentence of 4 months of imprisonment with prison labor for a crime of violating the law of the branch of children (child abuse), etc. at the Incheon District Court on April 27, 2017, and the above judgment was finalized on May 5, 2017. On June 14, 2018, the Seoul High Court sentenced the Defendant to a suspended sentence of 1 year and 6 months of imprisonment with prison labor for the crime of the fire prevention of the present main building at the Seoul High Court on June 14, 2018, and the said judgment became final and conclusive on

【Criminal facts】 The Defendant is the father and mother of the victim B (V, 10 years old).

On May 3, 2016, at around 17:26, the Defendant took care of the victim’s face with the victim in Bupyeong-gu Incheon Bupyeong-gu D, Incheon, without any reason.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. A report on internal investigation (verification of CCTVs at the site of the case);

1. Previous convictions indicated in the judgment: Investigation report (verification of the judgment of the suspect), investigation report, report on the results of confirmation of the previous convictions of the disposition, and application of Acts and subordinate statutes

1. Article 71 (1) 2 and Article 17 subparagraph 5 of the former Child Reinstatement Act (amended by Act No. 14925, Oct. 24, 2017; hereafter the same shall apply in force on April 25, 2018) regarding criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 8(1) and 8(2) of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Offenses by Ordering Education ex post concurrent crimes with the reasons for sentencing, the sentencing guidelines do not apply.

The intention of improving the character and behavior of the defendant is weak due to the case of indictment for the failure of the defendant to implement a protective disposition.

However, the sentence like the order shall be imposed in consideration of the fact that the defendant has led to a confession of and reflect against the crime, the fact that there was no special criminal record that may be considered at the time of the crime, equity in the case where the defendant is sentenced simultaneously with the final judgment, the motive and circumstances of the crime, the degree of abuse, the health of the defendant, the environment, etc.

arrow